FEDERAL REGIST
VOLUME 7 *%-, 1934 ¿V NUMBER 195 4 iflV/TED ^ Washington, Saturday, October 3, 1942 Regulations An original petition pursuant to sec CONTENTS tion 4 n (d) of the Bituminous Coal Act of 1937, having been duly filed with this REGULATIONS AND NOTICES TITLE 6—AGRICULTURAL CREDIT Division by the above-named party, re B itum inous Coal D iv isio n : Page Chapter I—Farm Credit Administration questing the establishment, both tem Extent of change of costs of porary and permanent, of price classifi minimum price areas; re Snbchapter A—Administrative Provisions cations and minimum prices for the coals view of questions of law and [Order 301] of certain mines in District No. 13; and policy—______7859 Part 3—F unctions op Administrative It appearing that a reasonable show Farmers Union State Exchange, Officers ing of necessity has been made for the Omaha, Neb.; supplemen FUNCTIONS, POWERS, AUTHORITY, AND DUTIES granting of temporary relief in the man tary order______7862 OF CHIEF, ADMINISTRATIVE DIVISION ner hereinafter set forth; and Haney Coal Co.; findings of No petitions of intervention having fact______7863 Section 3.70, Title 6, Code of Federal been filed with the Division in the above- M in im u m p r ic e schedules Regulations, as amended (6 F.R. 1809), entitled matter; and amended: is further amended to read as follows: The following action being deemed District 3______7828 § 3.70 Functions, "powers, authority, necessary in Order to effectuate the pur District 13______7823 and duties of Chief, Administrative Divi poses of the Act; Noeth, Fred; registration sus sion. The Chief, Administrative Division, It is ordered, That, pending final dis pended ______7862 is authorized and empowered: position of the above-entitled matter, Waltrif) and Sons, cease and de (a) To supervise and direct the Admin temporary relief is granted as follows: sist order______7864 Commencing forthwith, § 333.6 (General istrative Division. Civil Aeronautics B oard: (b) To consult and advise with the Gov-* prices) is amended by adding thereto American Export Airlines, Inc.; ernor, Deputy Governors, and division Supplement R-I, § 333.7 (Special prices— notice of further argument- 7865 heads, on matters pertaining to the or (a) Prices for shipment to all rail ganization of new activities, the reorgan roads and for exclusive use of railroads) Coast Guard: ization of existing activities and offices, is amended'by adding thereto Supple Explosives, etc.; transportation and general administrative policies. ment R-II, § 333.7 (Special prices—(c) on board vessel______7846 • (c) To sign letters of authorization for Prices for shipment by railroad, applica F arm Credit Administration: travel. ble to all coal sold for steamship vessel Administrative division;, func (d) To sign contracts covering the pro fuel) is amended by adding thereto Sup tions, powers, etc______7823 curement of goods, space, and services plement R-IH, § 333.24 (.General prices) Office of P rice Administration : other than personnel. is amended by adding thereto Supple ment R-IV, § 333.25 (Special prices—(b) Adjustments, etc.: (Sec. 16, 48 Stat. 1221f 12 UJ3.C. 1766; Prices for shipment to all railroads for Burns, J. W., Leather Co., E.O. 6084, Mar. 27,1933; 6 CFR 1.1
filed with the Division within forty-five No relief is granted herein for the coals (45) days from the date of this Order, of the Duncan & Glenn Mine of Duncan pursuant to the Rules and Regulations & Glenn for the reason that records of FEDERA^^JtEGISTER Governing Practice and Procedure be the Division indicate that no code ac 1934 eff fore the Bituminous Coal Division in ceptance has been received for these pro Proceedings Instituted Pursuant to sec ducers. tion 4 n (d) of the Bituminous Coal Act The original petition proposed relief of 1937. for the Coals of the Sharit & Robbins Mine Published daily, except Sundays, Monday, It is further ordered, That the relief and days following legal holidays by the of Sharit & Robins. Records of the Divi herein granted shall become final sixty sion indicate that the proper name of this Division of the Federal Register, The National (60) days from the date of this Order, Archives, pursuant to the authority con mine is the Beth Mine and that it is oper tained in the Federal Register Act, approved unless it shall otherwise be ordered. ated by Robbins & Sharritt (Willard July 26, 1935 (49 Stat 500), under regula No relief is granted herein as to the Sharritt). Accordingly, relief has been tions prescribed by the Administrative Com coals of the #55 Mine (Mine Index No. granted for the coals of this mine under mittee, approved by the President. 1863) of Verdell Davis for truck shipment the latter designation. The Administrative Committee consists of since such relief has previously been the Archivist or Acting Archivist, an officer granted the coals of this mine in Dockets Dated: September 21, 1942. of the Department of Justice designated by Nos. A-171 and A-205 when it was oper [seal] Dan H. W heeler, the Attorney General, and the Public Printer or Acting Public Printer. ated by Poe & Davis. Acting Director. The daily issue of the F édérai, R egister will be furnished by mail to subscribers, free T emporary and Conditionally F inal E ffective M inimum P rices for District No. 13 of postage, for $1.25 per month or $12.50 per year, payable in advance. Remit money or No te: The material contained in these supplements is to be read in the light of the classifi der payable to the Superintendent of Docu cations, prices, instructions, exceptions and other provisions contained in Part 333, M inim um ments directly to the Government Printing Price Schedule for District No. 13 and supplements thereto. Office, Washington D. C. The charge for single copies (minimum, 100) varies In pro FOR ALL SHIPMENTS EXCEPT TRUCK portion to the size of the issue. There are no restrictions on the republica § 333.6 General prices—Supplement R-I tion of material appearing in the F édérai, R egister. [Prices f. o. b. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship Telephone information: District 0525. bunker fuel and blacksmithing]
Mine Sub- Freight CONTENTS—Continued index Code member Mine dis Seam origin No. trict . group Office of P rice Administration— Continued. Page BIBB COUNTY, ALA. Petroleum, etc. (RPS 88, Am. >1699 Cooke & Gray (Strip) . _ _ _ 1 T hom pson . . 160 32)______:______7838 Cooke A Gray (Deep)__ _ 1 Thompson...... 160 Puerto Rico; sale of cigarettes >1623 (MPR 183, Am. 4)_____ 7843 BLOUNT COUNTY, ALA. Spices, raw, etc. (MPR 231)___ 7844 *1653 Self Creek #4...... 1 Black Creek____ 81 Tires and tubes, retreading, etc. ‘ 1650 Beth...... 1 Black Creek____ 31 (Rev. Tire Rationing Reg. 1, *1652 Self Creek #2...... 1 Black C reek ...... 31 Am. 34)______7834 ; EFFERSON COUNTY, ALA. S ecurities and Exchange Commis *1640 Ridell #1...... 1 Black Creek____ 31 sio n : ‘ 1657 Lollar #5...... 1 Nickel Plate...... 50 Hearings: ‘ 1591 Bessie...... Mary Lee...... 80 ‘ 1647 ffririr T. T Wilburn Smith #1...... 1 Black Creek__ j . _ 101 National Gas and Electric •1648 Wilburn Smith #2______1 Black Creek______101 Corp______7867 ‘ 1649 Wilburn Smith #3...... 1 Black Creek______101 *1607 1 Black Creek____ 101 New England Gas and Electric *1608 1 Black C reek ...... 101 Assn______7869 »1609 1 Black Creek______101 Northwest Carolina Utilities, *1610 1 Black Creek______101 »1611 1 Black Orfcek______101 Inc.-—______7868 *1612 1 Black Creek______101 W age and H our D ivisio n: »1613 Gann #7...... 1 Black Creek____ 101 » 1614 1 Black Creek____ 101 Learner employment certifi »1615 1 Black Creek____ 101 cates; various industries— 7864 1 Black Creek____ 101 »1616 101 W ar P roduction B oard: • »1617 1 Black Creek____ 1 Black Creek______101 Automotive vehicles subject to »1618 Gann & Gann (Claud Gann)------Gann #12______rationing by Federal agen • i Shipping Point: Belle Ellen, Ala. Railroad: L&N. These mines shall have in Size Groups 1, 2, and 19, on each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 4 (Little Cahaba cies (M-216, Am. 1)______7834 Coal Company, Piper mine, Price Schedule No. 1): and in Size Groups 7, 22 and 23, on each such table, these mines Batteries, dry cell, etc. (L-71)_ 7831 shall have prices which are 100 less than those respectively listed in' Size Groups 6,17 and 18 for said Mine Index No. 4. * Shipping Point: Warrior, Ala. Railroad: L&N. These mines shall have in Size Group 13, on each respective Beds, springs and mattresses price table, a price which is 100 less than is shown thereon for Size Group 12 as shipped from Mine Index No. 76 (Moss (L-49, Interpretation 1)__ 7831 & McCormack Coal Company. Carbon mine, Price Schedule No. 1). Caskets, etc. (L-64-a)______7831 * Shipping Point: Warrior, Ala. Railroad: L&N. This mine shall have in Size Group 13, on each respective price -table a price which is 100 less than is shown thereon for Size Group 12 as shipped from Mine Index No. 76 (Moss & Construction (L-41-b) ______7830 McCormack Coal Company, Carbon mine, Price Schedule No. 1). Export ratings assigned (Priori ‘ Shipping Point: Brookside, Ala. Railroad: So. Ry. This mine shall have in Size Group 13, on each respective price table, a price which is 50 less than is listed in this respective size group for Mine Index No. 71 (Brookside-Pratt ties Reg. 9 as amended)__ 7828 Mining Company, Blossburg “E ” mine, Price Schedule No. 1). D. » „ Furniture, wood upholstered «Shipping Point: Maben, Ala. Railroad: SL-SF. This mine shall have m Size Groups 1, 2, 6, 12, 14, 15, 16, 17, 18 and 24, on each respective price table, the same prices as are listed in those respective size groups for Mine Index (L-135, Interpretation 1)_ 7833 No. 46 (Sloss-Sheffield Steel & Iron Company, Lewisburg mine, Price Schedule No. 1). ..„ Iron and steel conservation (M- « Shipping Point: Olen Allen, Ala. Railroad: SL-SF. These mines shall have in Size Group 1, on each respective 126, Am. 7)______7833 price table, the same price as is shown for Mine Index No. 18 (Brilliant Coal Company, Brilliant mine, Price No 1) • and in Size Groups 7 and 23, on each such table, these mines shall have prices which are 100 less than are listed Petroleum, production, trans in Size Groups 6 and 18 for said Mine Index No. 18. These mines shall have in Size Group 13, on each respective portation, etc. (P-98-d)___ 7830 price table, a price which is 100 higher than is listed thereon for Mine Index No. 14 (Galloway Coal Company, Hope mine, Price Schedule No. 1). „ _ . . „ , . Suspension orders: » Shipping Point: Glen Allen, Ala. Railroad: SL-SF. These mines shall have m Size Groups 1-204, and 26, on Athos Steel Service (S-104)_ 7830 each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 18 (Hrimani Coal Company, Brilliant mine, Price Schedule No. 1): and in Size Groups 7,22 and 23, on each such table, these™111®5 Halitosine Co. (S-92)______7829 shall have prices which are 100 less than are listed in Size Groups 6, 17 and 18 thereon for said Mine Index wo. • Republic Metals and Roofing and in Size Group 20, on each such table, these mines shall have a W ALKER COUNTY, ALA. , § 333.24 General prices—Supplement R-IV REGISTER, FEDERAL 1 Mary Lee...... 101 [Prices f. o. b. mines for shipment by railroad, applicable for all uses except railroad locomotive fuel, steamship’bunker « 1366 fuel and blacksmitbing] WINSTON COUNTY, ALA. 111A1K 1 Black Creek____ 111 Mina Bub Freight 1» 1646 1 Black Creek_____ 111 index Code member Mine dis Seam origin No. trict group 8 Shipping Point: Brilliant, Ala. Railroad: I. C. R. R. This mine shall have in Size Groups 1, 2, 4, 6, and 18, on each respective price table, the same prices as are listed in those respective size groups for Mine Index No. 18 (Brilliant HAMILTON COUNTY, TENN. Coal Company, Brilliant mine, Price Schedule No. 1). , . 9 Shipping Point: Glen Allen, Ala. Railroad: SL-SF. These mines shall have in Size Group 13, on each respective 1696 3 *10 ______210 '1025 Hill, Phillip...... Hill...... 3 #9...... 210 price table, a price which is 10(6 higher than is shown in this respective size group for Mine Index No. 14 (Galloway I923 3 #10...... 210 Coal Company, Hope mine, Price Schedule No. 1). These mines shall have in Size Group 22, on each respective price 1837 3 Soddy #10______210 table, a price which is 10(4 less than is listed in Size Group 17 for Mine Index No. 18 (Brilliant Coal Company, 3 #10...... 210 Brilliant mine. Price Schedule No. 1.). _ , 11098 10 Shipping Point: Brookwood, Ala. Railroad: L&N. This mine shall have in Size Group 13, on each respective 1 869 3 #10...... 210 I7O6 3 Soddy #10...... 210 price table, the same price as is shown for Mine Index No. 14 (Galloway Coal Company, Hope mine, Price Schedule I9I2 3 #10...... 210 No. 1). This mine shall have in Size Groups 22 and 23, on each respective price table, the same prices as are Saturday shown in Size Groups 17 and 18 for M[ne Index No. 17 (Southern Coal & Coke Company, Boothton mine, Price *708 3 Soddy #10.....___ 210 Schedule No. 1). - . . . , . ^ 11 Shipping Point: Hillard, Ala. Railroad: SL-SF. New shipping point, railroad, and Freight Origin Group. MARION COUNTY, TENN. Shipping point at Jasper, Ala., on So. Ry. in Freight Origin Group 100 shall no longer be applicable. 210 » Shipping Point: Natural Bridge, Ala. Railroad: So. Ry. These mines shall have in Size Group 13, on each 4 716 Abeel, D. W 3 Soddy #10...... respective price table, the same price as is listed for Mine Index No. 14 (Galloway Coal Company, Hope mine, Price 81537 3 Sewanee______210 Schedule No. 1): and in Size Groups 22 and 23, on each such table, this mine shall have prices which are 10(4 less than Oak Hill...... 3 Sewanee...... 210 Sewanee...... 210 , are shown in Size Groups 17 and 18 for said Mine Index No. 14. 81606 3 SEQUATCHIE COUNTY, TENN. 3,1942 October § 333.7 Special prices—(a) Prices for shipment to all railroads and for exclusive use 3 Sewanee...... 210 of railroads—Supplement R~n 4 72Q 3 Sewanee...... —. 210 *780 Roberson Fork Coal Co. (R. H. Anderson)___ Sexton...... 3 Sewanne______210 [Prices F. O. B. mines for shipment to all railroads and for exclusive use of railroads. The following prices apply on coal for use in railroad locomotives and powerhouse plants. For station heating, use in dining cars, or other uses than stated above, commercial prices as listed in other sections of this price schedule shall apply] 1 Shipping Point: P latt Siding, North Chattanooga, Tenn. Railroad: Chattanooga Traction Company R. R. On earn respective price table except that for Market Area 112 each of the above mines shall have a price in each size group which is 10?i less than that respectively listed for Mine Index No. 95 (Tennessee Products Corporation, Whit- For all sizes customarily furnished railroads for locomotive fuel well mine, Price Schedule No. I): and on the price table for Market Area 112 each of said mines shall have in each ------i------size group a price which-is 710 higher than that listed for said Mine Index No. 95. * Shipping Point: Platt Siding, North Chattanooga, Tenn. ^Railroad: Chattanooga Traction Company R. R. St. Louis and St. Louis and On each respective price table except that for Market Area 112 this mine Shall have a price in each size group which For ali mines in Subdistrict No. 1. San Francisco San Francisco All other Mine index No. Seaboard 1 is 100 less than that respectively listed for Mine Index No. 95 (Tennessee Products Corporation, Whitwell mine, Price Central1 of Air Line Railroad for con Railroad for con Railroads Schedule No. 1): and on the price table for Market Area 112 this mine shall have in each size group a price which is Georgia - Railway signment west of signment east of not specifi 710 higher than that listed for said Mine Index No. 95. the Mississippi the Mississippi cally shown 3 Shipping Point: Platt Siding, North Chattanooga, Tenn. Railroad: Chattanooga Traction Company R. R. River River On each respective price table except that for Market Area 112 each of the above mines shall have in each size group the same respective price as is listed for Mine Index No. 95 (Tennessee Products Corporation, Whitwell mine, Price Schedule No._ 1): and on the price table for Market Area 112 each of said mines shall have in each size group a price 865,1591,1598,1599,1607,1608,1609, 220 220 200 220 220 which y 810 higher than that listed for said Mine Index No. 95. _ _ 1610, 1611, 1612, 1613, 1614, 1615, 4 Shipping Point: Platt Siding, North Chattanooga, Tenn. Railroad: Chattanooga Traction Company R. R. 1616, 1617, 1618, 1623, 1640, 1645, On each respective price table except that for Market Area 112 each of the above mines shall have in each size group 1646, 1654, 1657. the same respective price as is shown for Mine Index No. 95 (Tennessee Products Corporation, Whitwell mine, Price Schedule No. 1): and on the price table for Market Area 112 each of said mines shall have in each size group a price which is 810 higher than that listed for said Mine Index No. 95, i Prices listed for Central of Georgia and Seaboard Air Line Railways shall also apply to controlled subsidiaries whose purchases of coal are directly made by the controlling system. N o t e . Shipping point and prices shown in §333.24, Supplement R-IV, Docket No. A-1481, 7 F. R. 5701, for Mine Index No. 1227, Cain mine, George D. Cain, shall no longer be applicable and therefore should be considered as can celled. | § 333.25 Special prices—(b) Prices for 7826 shipment to all railroads for locomo tive fuel, station heating, power plants and other uses—Supplement R-V [Prices f. o. b. mines for shipment to all railroads for locomotive fuel, station heating, power plants and other uses] For mines in subdistrict No. 3, Mine Index No. Size Price 146, 729, 730, 1537, 1602 For all sizes except 225 1606, 1594. screenings. Screenings with top 215 size not more than 2". 696, 706, 708, 716, 837, For all sizes except 220 869,912,923,1025,1098. screenings. Screenings with top 215 REGISTER, FEDERAL size not more than A 2". FREE ALONGSIDE DELIVERIES § 333.27 Prices for shipment "by river (free alongside) for all uses (except for railway locomotive fuel) for delivery via the Tennessee River to f. a. s. consumers in the States of Tennessee and Alabama—Supplement R^-VI A" *A" %" %" 1H" and and Mine Sub- andunder; under Code member index Mine index dis Seam and under; and under and under and under and under and under and under and under egg: egg: top size Dot. Dot. size andunder; bot. and under; bot. and under and under size size 2" under and over 5" size size 1" and %" bot. size No. trict under modified M/R Resultants: 5" Lump: 2" and Egg: Egg: top size 5" Lump: Over 2"; Stoker: Top size Stoker: Top size Straight Resultants: 4" Screenings: 2" Screenings: 1J3" Screenings: Screenings; Screenings: Screenings: Nut: Top 2" size Industrial coal2 I audy Otbr , 1942 3, October Saturday, 1 2 3 4 5 6 7 8 9 10 11 1 12 13 14 15 T e n n e s s e e -G e o r g ia MARION COUNTY, TENN.1 Gilliam, E. S_ .. E. S. Gilliam #2_____ .... 1644 5 Sewanee______315 315 305 260 250 245 235 235 235 205 205 205 200 165 260 ’Subdistrict 5. » For sizes included see Size Group Table, § 333.22. j , FOR TRtfcK SHIPMENTS § 333.24 General prices in cents per net ton for shipmefit into all market areas—Supplement T-I Chestnut: Chestnut: Run of Nut: Top size Top size 3" Top size XW mine, Resultants: Screenings: Lump: Egg: 3" and under; and under and under; modi 3" and 1H" and •Indus Over Top Lump: bot. size bot. size bot. size W fied under under trial coal Mine Sub 2";egg: size 2" and over W W and under and under R/M Code member index Mine index dis Seam Top size 6" and under No. trict over 6" under Wash Raw Wash Raw Wash Raw Raw Wash Raw Wash Raw 1 2 3 6 7 8 9 10 11 13 17 22 18 23 24,25,26 Alabama BLOUNT COUNTY Martin, W illie...... Self Creek #4. 1653 2 Black Creek...... 355 355 340 345 325 310 300 295 285 285 275 265 265 250 285 Bobbins & Sharritt (Willard Sharritt) Beth______1650 2 Black Creek_____ % 355 355 340 345 325 310 300 295 285 285 275 265 265 250 285 Skinner, R. S______Self Creek ¿2. 1652 2 Black Creek _____ 355 355 340 345 325 310 300 295 285 285 275 265 265 250 285 Towns, T. M ____ ...... Berry M t__ 1637 2 Berry Mountain___ 365 365 t 340 335 315 315 290 300 275 275 275 265 265 250 275 JEFFERSON COUNTY Ingram & Isbell (Sam P. Ingram)____ Possum Hollow... 1655 2 Upper Nunnally___ 280 280 275 295 275 270 250 230 235 200 230 180 230 Leslie, Willie R ______.... Ridell #1...... 1640 2 Black Creek____... 355 355 340 345 325 3ÎÔ 300 295 285 285 275 265 265 250 285 Lollar, E. E______Lollar #5______1657 2 ' Nickle P la te ...____ 290 290 280 285 275 275 250 245 260 240 255 230 245 Mulvehill & Cato (Willie Mulvehill). Mulvehill & Cato. 1638 2 Black Creek.. 355 355 340 345 325 310 300 295 285 285 275 265 265 250 285 Sloss-Sheffield Steel & Iron Company. Bessie...... 1591 2 Mary Lee______275 275 295 230 235 230 240 Chestnut: Chestnut: Run of Nut: Top size Top size 3" Top size l mine, Resultants: Screenings: Lump: Egg: 3" and under; Vi" •Indus Over Top Lump: bot. size and under and under; modi 3" and lVi" and trial coal 2";egg: size 2" and over H" bot. size bot. size Vi" fied under under Mine Sub- , Top size 6" and under Vi" and under and under R/M Code member index Mine index dis Seam over 6" No. trict under Wash Raw Wash Raw Wash Raw Raw Wash Raw Wash Raw ■ v \ ■' 1 2 3 6 7 8 9 10 11 13 17 22 18 23 24, 25,26 MARION COUNTY Crick, T. T ...... 1647 2 385 385 360 335 315 315 305 310 300 290 275' . 265 265 225 290 Crick, T. T i...... ______1648 2 385 385 360 335 315 315 305 310 300 290 273 265 265 225 290 Crick, T. T ______1649 2 385 385 360 335 315 315 305 310 300 290 275 265 265 225 290 Harbin, Andrew & Clarence Martin (Clarence 1629 2 385 385 360 335 315 315 305 310 300 290 275 265 265 225 290 REGISTER, FEDERAL Martin). , Powell, W. A...... 1604 2 385 385 360 335 315 316 305 310 300 290 275 265 265 225 290 Powell, W. A...... 1605 2 Black' Creek...... 385 385 360 335 315 315 305 310 300 290 275 265 265 225 290 Powell & McGuire (W. A. P o w e ll)...... 1641 2 385 385 360 335 315 315 305 310 300 290 275 266 265 225 290 TUSCALOOSA COUNTY Nicholson, James______1654 2 Milldale...... 355 355 340 345 325 310 300 295 285 285 275 265 265 230 285 Snider, W. G...... 1559 2 355 365 340 345 325 310 300 295 285 285 275 265 265 250 285 WALKER COUNTY Graviti, L. V______1643 2 290 290 280 285 275 275 ' 250 245 260 240 255 220 245 Lockart, Tommy...... 1659 2 275 275 275 295 275 280 260 270 250' 225 235 200 230 180 225 WINSTON COUNTY RoweB, Amos..______Ì______1645 • 2 Black C reek...... - 385 385 360 335 315 315 305 310 300 290 275 265 265 225 290 Tittle, Owen______Twin Arrow #3...... 1646 2 Black Creek______385 385 360 33 5 315 315 305 310 300 290 275 265 265 225 290 Saturday § 333.43 General prices in cents per net ton for shipment into all market areas—Supplement T-II and IVi" , lVi" October M/R under. under under under under gnder , Seam under Code member index Mine and under Topover5" size Vi" and under; bot size and under 94" 94" and under and under; bot. size under; bot. size 1" and under und«1; und«1; bot. size 2" Industrial coal Screenings: Screenings: 1)4" and Screenings: 94” and Screenings: 94” and Resultants: 4" and Screenings: 2" and Straight and modified Resultants: 5" and Stoker: Top size Stoker: Top size 94" Lump: 2" and under Nut: Top size 2" and Egg: Top size 5" and Lump: Over 2"; egg: 3, 6 7 8 9 10 11 12 13 14 Mine index No. 4 5 Subdistrict ’ l 2 3 1942 T e n n e s s e e —G e o r g ia 7827 BLEDSOE COUNTY, TENN. 1633 4 Soddy #13...... 305 305 295 250 240 220 225 225 225 205 205 195 190 155 250 HAMILTON COUNTY, TENN. | * . Yother & Son & George Bomars (W . W . Stob #7...... 1639 4 No. 7...... 315 315 305 260 235 235 235 205 205 195 190 155 260 Yother). ' MARION COUNTY, TENN. 1628 4 Battle Creek___ ... 340 340 330 260 250 245 236 235 235 205 205 195 175 140f 285 E . S. Gilliam #2...... 1644 4 Sewanee______315 315 305 260 250 245 235 235 235 205 205 205 200 165 260 1636 4 Sewanee______. . . . . 315 315 305 260 250 245 235 235 235 205 205 205 200 165 260 DADE COUNTY, GA/ 225 225 215 205 175 Chapman, H . J ...... Chapman...... • 1594 4 Etna...... 315 315 305 260 250 245 235 235 235 260 t For sizes included see Size Group Table, § 333.42. 7828 FEDERAL REGISTER, Saturday, October 3, 1942 S 333.43 General prices in cents per net ton for shipment into all market areas— Regulation No. 7 (§ 944.27) by an official Supplement T -m duly authorized for such purpose: CERTIFICATION The undersigned purchaser hereby repre sents to the seller and to the War Production Board that he has received an export license, a statement of export clearance, or a state ment of authority to export, that he is entitled to apply the preference ratings Indi cated opposite the items shown in this pur chase order, and that such application is in accordance 'with Priorities Regulation No. 9, as amended, with the terms of which the undersigned is familiar. (Name of purchaser) (Address) B y ------...... (Signature and title of (Date) duly authorized officer) The person receiving the certification and rating shall be entitled to rely on such representation, unless hé knows or has reason to believe it to be false. Each person applying ratings must maintain at his regular place of business all docu ments, including purchase orders and [Docket No. A-1535] TITLE 32—NATIONAL DEFENSE preference rating orders and certificates, upon which he relies as entitling him to Chapter IX—War Production Board P art 323—M inim um P rice Schedule, apply such ratings, segregated and avail District No. 3 Snbchapter B—Director General for Operations able for inspection by representatives of P art 944—R egulations Applicable to the War Production Board, or filed in ORDER CORRECTING SCHEDULE, ETC. the O peration of the P riorities Sy s such manner that they can be readily tem segregated and made available for such Order correcting schedule annexed to Inspection. order granting temporary relief and con [Priorities Regulation 9, as Amended Octo ber 1, 1942] (3) A supplier with whom a purchase ditionally providing for final relief in order or contract has been placed for a the matter of the petition of District EXPORT RATINGS ASSIGNED ON FORM PD-311 delivery to the applicant, to which pur Board 3 for the establishment of price OR OTHER PRESCRIBED FORMS chase order or contract the rating has classifications and minimum prices for Section 944.30 Priorities Regulation been applied as provided in (2) above, the coals of certain mines in District 9,1 is hereby amended to read as follows: may extend such rating to his suppliers No. 3. and they may in turn extend such rating § 944.30 Priorities Regulation 9—(a) to their suppliers only in conformity with On July 31, 1942, 7 Pit. 6242, an order Forms for export; scope of regulation. granting temporary relief and condition the applicable provisions of Priorities Preference Ratings for export may here Regulations Nos. 3 and 11, as such regu ally providing for final relief was issued after be assigned on Form PD-311 pur lations may be amended from time to in this matter. suant to application on such Form filed time. It appears that § 323.6 (.Alphabetical by or in the name of the person desiring (c) Effect of revocation. If the export list of code members) Supplement R-IV the export of the material involved. Such license, statement of export clearance or annexed to and made a part of this person is hereinafter referred to as the statement of authority to export any ma order designates Mine Index No. 762 as applicant, which term shall also include terial is revoked, any preference rating the “Talbert (Bolair)” Mine of code any agency authorized to place purchase subject to this regulation which has been orders for such person. This regulation assigned to the delivery of material shall member “Talbert, W. A.” The correct shall be applicable to ratings assigned on name of this mine is “Bolair,” and the be automatically cancelled, as regards such form or any other form prescribed delivery to the applicant; and no deliv correct name of the operator is “Russell exclusively for exports which by its terms Talbert.” ery of such material shall be made to or is expressly subject to this regulation. received by the applicant. As regards Now, therefore, it is ordered, That (b) Application and extension of rat each supplier of the applicant or of an § 323.6 (Alphabetical list of code mem ings. (1) One copy of Form PD-311 will other supplier, who has extended such bers) to the said order of July 31, 1942, be returned to the applicant indicating rating, it shall likewise be automatically be amended by deleting therefrom, with the ratings assigned to deliveries of ma cancelled, and each such supplier shall reference to Mine Index No. 762, the terials specified thereon. Such ratings promptly notify his. suppliers of such mine name of “Talbert (Bolair)” and shall be applied and extended only in the cancellation: Provide'd, however, That if, the operator’s name of “Talbert, W. A.” manner provided in (2) and (3) below. in the opinion of any supplier, cancella (2) The applicant, in order to apply a tion of the rating would seriously inter and by substituting in lieu thereof the preference rating assigned pursuant to mine name “Bolair” and the operator’s fere with any program of war work, he the provisions of this regulation, must may make application in writing to the name of “Russell Talbert.” have received an export license, a state It is further ordered, That in all other Director General for Operations, Wash ment of export clearance, or a statement ington, D. C., Att: Office of Petroleum respects said order of July 31, 1942, be, of authority to export (or a copy thereof Coordinator for War, requesting contin and it hereby is, continued in full* force if authorized by the issuing agency) and uation of the rating. The Director Gen and effect. must endorse on, or attach to, each con eral for Operations may thereupon grant Dated: September 30, 1942. tract or purchase order placed by him to such relief as he may deem appropriate. which such a rating is to be applied, a [seal] D an H. W heeler, certification in the following form signed This amendment shall take effect im Director. manually or as provided in Priorities mediately. [F. R. Doc. 42-9812; Filed, October 2, 1942; (P.D. Reg. 1, as amended, 6 F.R. 6680; 10:13 a. m.] 17 F.R. 3075. WP.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 FEDERAL REGISTER, Saturday, October 3, 1942 7829 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, P art 1010—S uspension Orders tion, or provision contained in any other 7 F.R. 2719; sec.* 2 (a), Pub. Law 671, 76th [Suspension Order S-92] order or regulation of the Director of Cong., as amended by Pub. Laws 89 and Industry Operations or the Director Gen 507, 77th Cong.) . HALITOSINE CO. eral for Operations, except in so far as Issued this 1st day of October 1942. Halitosine Company, Saint Louis, Mis the same may be inconsistent with the souri, is a corporation engaged in the provisions hereof. E rnest K anzler, (c) This order shall take effect Octo Director General for Operations. manufacture of mouthwashes, rubbing alcohol and similar products. During ber 1, 1942, and shall expire on Decem [P. R. Doc. 42-9808; Piled, October 1, 1942; the second quarter of 1942 the company, ber 31, 1942, at which time the restric 4:30 p. m.J under the restrictions of General Pref tions contained in this order shall be of erence Order M-30, was permitted to ac no further effect. cept delivery of only 2270.73 gallons of (P.D. Reg. 1, as amended, 6 F.R. 6680; P art 1010—S uspension Orders ethyl alcohol for use in the manufacture W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, of mouth washes. Despite this limita [Suspension Order S-91] 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. tion, the company accepted delivery of 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law REPUBLIC METALS AND ROOFING MATERIALS, 4163 gallons of ethyl alcohol for that 671,76th Cong., as amended by Pub. Laws INC. purpose or 1892.27 gallons more than it 89 and 507, 77th Cong.) was permitted to receive. This consti Republic Metals and Roofing Mate tuted a violation of General Preference Issued this 1st day of October 1942. rials, Inc., Chicago, Hlipois, is a steel Order M-30. warehouse as defined in Supplementary Ernest K anzler, During the first quarter of 1942 the Director General for Operations. Order M-21-b and is subject to the pro company, under the restrictions of Gen visions of that order. During the calen eral Preference Order M-30, was per [P. R. Doc. 42-9804; Piled, October 1, 1942; dar quarter beginning January 1, 1942 mitted to accept delivery of a maximum 3:58 p. m.j and ending March 31,1942, the Company of 4622.00 gallons of isopropyl alcohol accepted from its producer or producers for use in the manufacture of rubbing deliveries of 44.5 tons of Schedule A Steel alcohol. Despite this limitation, the P art 1010—Suspension Orders Products which was 18.2 tons in excess company accepted delivery of 6416 gal of the quota established for the com lons of isopropyl alcohol to be used for [Suspension Order S-94] pany by the War Production Board. this purpose or at least 1794.0 gallpns STANDARD ELECTRIC SALES CO. The acceptance of excessive-deliveries of more than it was permitted to receive. Schedule A Steel Products constituted This constituted a violation of General Standard, Electric Sales Company, a violation of Supplementary Order Preference Order M-30. At the time the Rochester, New York, is engaged in the M-21-b, which has hampered and im- company accepted delivery of these ex sale of electrical supplies, including cop . peded the war effort of the United cessive amounts of alcohol it had full per products. The company maintains . States by diverting scarce materials to knowledge of the existence and terms stocks of such products and is a ware uses prohibited by the War Production of General Preference Order M-30 and house as defined in General Preference Board. In view of the foregoing, acted in reckless disregard of the terms Order M-9-a. This order, as amended It is hereby ordered, That: of that order. May 7, 1942, prohibits a warehouse from § 1010.91 Suspension order S-91. (a) These violations of General Preference delivering copper products except to fill During the calendar quarter beginning Order M-30 have hampered and impeded purchase orders bearing a preference rat October 1,1942 and ending December 31, the war effort of the United States by ing of A -l-k or higher. Despite the fact 1942, no quota of Schedule A Steel Prod diverting scarce materials to uses unau that the company was familiar with these ucts shall be established for Republic thorized by the War Production Board. restrictions, during the period from May Metals and Roofing Materials, Inc., its In view of the foregoing facts, 9 to June 24, 1942, it delivered substan successors and assigns, unfler the pro It is hereby ordered, That: tial amounts of copper wire to fill un visions of Supplementary Order M-21-b, rated orders and orders bearing prefer § 1010.92 Suspension Order S-92. (a) ence ratings lower than A-l-k. as amended, and Republic Metals and During the calendar quarter commenc Roofing Materials, Inc., its successors ing October 1, 1942, and ending Decem These deliveries constituted violations and assigns, shall not accept deliveries ber 31, 1942, the amounts of ethyl alco of General Preference Order M-9-a of any Schedule A Steel Products, unless hol and of isopropyl alcohol which Hali which have hampered and impeded the specifically authorized by the Director war effort of the United States by di tosine Company, Saint Louis, Missouri, verting scarce materials to uses unau General for Operations. its successors and assigns, would other (b) Nothing contained in this order thorized by the War Production Board. wise be entitled to receive under the In view of the foregoing, shall be deemed to relieve Republic provisions of General Preference Order Metals and Roofing Materials, Inc., its M-30 shall be reduced by the amounts by It is hereby ordered, That: successors and assigns, from any restric which its receipts of ethyl alcohol and § 1010.94 Suspension Order S-94 (a) tions, prohibitions or provisions con of isopropyl alcohol as aforesaid ex Deliveries of material to Standard Elec tained in any other order or regulation ceeded the amounts which it was per tric Sales Company, its successors and of the Director General for Operations mitted to receive and shall be further assigns, shall not be accorded priority except insofar as the same may be incon reduced by 50 per cent of the amounts- over deliveries under any other contract sistent with the provisions hereof. by which the deliveries to it exceeded or order and no preference ratings shall (c) This order shall take effect on the amounts it was permitted to receive. be assigned or applied to such deliveries October 1, 1942, and shall expire on De During the calendar quarter commenc to Standard Electric Sales Company, its cember 31, 1942, at which time the re ing October 1, 1942, and ending Decem successors and assigns, by means of strictions contained in this order shall be ber 31, 1942, Halitosine Company, its preference rating certificates, preference of no further effect. successors and assigns, shall not accept rating orders, general preference orders (PD. Reg. 1, as amended, 6 F.R. 6680; delivery of more ethyl alcohol than the or any other orders or regulations of the W.PJB. Reg. 1, 7 F.R. 561; E.O. 9024, 7 amount it would otherwise be permitted Director of Industry Operations, or the F.R. 329; E.O. 9040, 7 F.R. 527; E.O. to receive under the provisions of Gen Director General for Operations, except 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law eral Preference Order M-30, reduced by as specifically authorized by the Director 671,76th Cong., as amended by Pub. Laws 2838.40 gallons and shall not accept de General for Operations. 89 and 507, 77th Cong.) livery of more isopropyl alcohol than (b) No allocation shall be made to Issued this 1st day of October 1942. the amount it would otherwise be en Standard Electric Sales Company, its titled to receive under General Preference successors and assigns, of any material Ernest K anzler, Order M-30, reduced by 2691 gallons. the supply or distribution of which is Director General for Operations. (b) Nothing contained in this order governed by any order of the Director [P. R. Doc. 42-9805; Piled, October 1, 1942; shall be deemed to relieve Halitosine of Industry Operations or the Director 8:58 p. m.] Company from any restriction, prohibi General for Operations, except as 7830 FEDERAL REGISTER, Saturday, October 3, 1942 / specifically authorized by the Director any restrictions or provisions contained effect until January 1,1943, unless sooner General for Operations. in any other order or regulation of the revoked by the Director General for (c) Nothing contained in this order Director General for Operations, except Operations. shall be deemed to relieve Standard Elec insofar as the same may be inconsistent (2) Preference ratings may be re tric Sales Company from any restriction, with the provisions hereof. quested on Form PD-311 or Form prohibition, or provision contained in (c) This order shall take effect on Oc PD-311-c until November 1, 1942, for any other order or regulation of the Di tober 1,1942, and shall expire on Decem material required in the fourth calendar- rector of Industry Operations or the ber 31, 1942, at which time the restric quarter of 1942. Director General for Operations, except tions contained in this order shall be of in so far as the same may be inconsistent no further effect. (d) Applicability of priorities regula tions. This order is issued pursuant to with the provisions hereof. (PD. Reg. 1, as amended, 6 F.R. 6680; (d) This order shall take effect Octo Priorities Regulation No. 9, as amended W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 from time to time. This order and all ber 3, 1942, and shall expire on January F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 3, 1943, at which time the restrictions transactions affected thereby are subject 7 F.R. 2719; sec. 2 (a), Pub. Law 671,76th to the applicable provisions of any pri contained in this order shall be of no Cong., as amended by Pub. Laws 89 and further effect. orities regulation issued by the War Pro 507, 77th Cong.) duction Board, as amended from time to (P.D. Reg. 1, as amended, 6 P.R. 6680; Issued this 1st day of October 1942. time. W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (e) Communications. All communi F.R. 329; E.O. 9Q40, 7 F.R. 527; E.O. 9125, E rnest K anzler, cations concerning this order shall, un 7 F.R. 2719; sec. 2 (a*), Pub. Law 671, 76th Director General for Operations. less otherwise*directed, be addressed to: Cong., as amended by Pub. Laws 89 and [F. R. Doc. 42-9802; Filed, October 1, 1942; Office of Petroleum Coordinator, South 507, 77th Cong.) 3:58 p. m.] Interior Building, Washington, D. C., Issued this 1st day of October 1942. Ref: P-98-d. (f) Violations. Any person who wil-N E rnest K anzler, fully violates any provision of this order Director General for Operations. P art 1041—P roduction, T ransportation, or who wilfully furnishes false informa R efining, and M arketing of P etro [P. R. Doc. 42-9803; Piled, October 1, 1942; tion to the Director General for Opera leum 3:58 p. m.] * tions in connection with this order is [Preference Rating Order P-98-d] guilty of a crime, and upon conviction may be punished by fine or imprison § 1041.5 Preference Rating Order ment. In addition, any such person may P art 1010—S uspension O rders P-98-d. FOr the purpose of facilitating be prohibited from making or obtaining [Suspension Order S-104] the acquisition of material for the pro duction, transportation, refining »and further deliveries of or from processing ATHOS STEEL SERVICE or using material under priority control marketing of petroleum outside of the and may be deprived of priorities assist Athos Steel Service, Philadelphia, United States, its territories and posses ance by the Director General for Opera Pennsylvania, is a steel warehouse as de sions, and the Dominion of Canada, pref tions. fined in Supplementary Order M-21-b erence ratings may be assigned to de and is subject to the provisions of that liveries of material upon the terms here (P.D. Reg. 1, as amended, 6 F.R. 6680; order. During the calendar quarter be inafter set forth: W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 F.R. ginning January 1, 1942 and ending (a) Definitions. (1) “Person” means 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 March 31, 1942, the company accepted any individual, partnership, association, F.R. 2719; sec. 2 (a), Pub. Law 671, 76th from its producer or producers, deliveries business trust, corporation, governmental Cong., as amended by Pub. Laws 89 and of 384.7 tons of Schedule A steel products corporation or agency, or any organized 507, 77th Cong.) which was 101.9 tons in excess of the group of persons, whether incorporated Issued this 1st day of October 1942. quota established for the company by or not. the War Production Board. The ac (2) “Petroleum” means petroleum, pe # E rnest K anzler, ceptance of excessive deliveries of Sched troleum products and associated hydro Director General for Operations. ule A steel products constituted a viola carbons, including but not limited to, /[F. R. Doc. 42-9806; Filed, October 1, 1942; tion of Supplementary Order M-21-b, natural gas. 3:58 p. m.] which has hampered and impeded the (3) “Petroleum enterprise” means any war effort of the United States by di facility used in the production, refining, verting scarce materials to uses pro transportation, or marketing of pe hibited by the War Production Board. troleum. P art 1075—Construction In view of the foregoing, (4) “Operator” means any person to [Supplementary Conservation Order Lr-41-b, It is hereby ordered, That: the extent that he is engaged in operating as Amended October 2, 1942] a petroleum enterprise outside of the § 1010.104 Suspension Order S-104. Supplementary Conservation Order (a) During the calendar quarter begin United States, its territories and pos sessions, and the Dominion of Canada. No. L-41-b is hereby amended to read ning October 1, 1942 and ending Decem as follows:^ ber 31, 1942, the quota of Schedule A (J>) Preference ratings for foreign pe steel- products which Athos Steel Service, troleum enterprises. No operator shall § 1075.3 Supplementary Conservation Philadelphia, Pennsylvania, would be en apply any preference rating to the deliv Order No. L-41-b. (a) Conservation Or titled to receive under the provisions of ery of material for any operation to der L-41, as amended, shall not apply to Supplem entary Order M-21-b, as which a preference rating may be as construction begun prior to January 1, amended, shall be reduced by the amount signed upon Form PD-311 or any form 1943, which is necessary to the conversion which the company accepted in the first in the PD-311 series, unless the prefer or substitution of heating equipment to quarter of 1942 in excess of the quota as ence rating is actually assigned by such permit the use of fuel other than oil, elec signed, and shall be further reduced by a form, or has been assigned by such a tricity, natural gas, manufactured gas, or 50 percent of the amount by which the form and rerated pursuant to Priorities mixed natural and manufactured gas. company exceeded its quota, or a total Regulation No. 12, as amended from time (b) Conservation Order L-41, as reduction of 152.85 tons, and Athos Steel to time. amended, shall not apply to construction Service, its successors and assigns, shall (c) Extension and use of the “Foreign begun prior to January 1, 1943, which is not accept deliveries of more than 134.15 Petroleum Industry Material Rating necessary to the installation or applica tons of Schedule A steel products unless Plan”. (1) Notwithstanding the provi tion in buildings, structures or projects specifically authorized by the Director sions of Forms PD-311 and PD-311-c of the following materials and equip General for Operations. (Foreign Petroleum Industry Material ment: Insulation materials, air cell pipe (b) Nothing contained in this order Rating Plan) and the instructions ap coverings, weather-stripping, storm win shall be deemed to relieve Athos Steel plicable thereto, any preference rating dows and doors: Provided, however, That Service, its successors and assigns, from assigned on such a form shall continue in no rubber, cork, or metal (other than FEDERAL REGISTER, Saturday, October 3, 1942 7831 fastenings), shall be used in such instal P art 1125—Caskets, S hipping Cases and Production Board, Washington, D. C., lation or application. Burial Vaults Ref: L-64-a”. (P.D. Reg. 1, as amended, 6 P.R. 6680; [Supplementary Limitation Order L-64r-a] * 7832 FEDERAL REGISTER, Saturday, October 3, 1942 which is not included in subparagraphs rials, but only to the extent specifically (v) No Class E manufacturer shall (7) or (8) of this paragraph (a). permitted in this subparagraph (2) of produce flashlight batteries containing (10) The terms “flashlight,” “electric paragraph (b) : more cells than three times 80% of the railroad lantern,” and “other portable (i) Without limit as to time, (a) tin average monthly number of cells con electric light” shall not include any dry contained in solder; (b) copper wire (of tained in the flashlight batteries pro $ cell battery or lamp or bulb. duced by him during the year 1940; the minimum size required to provide (vi) No manufacturer shall produce (11) “Manufacturer” means any per proper operation) for electrical conduc son who manufactures or assembles any hearing, aid batteries containing more tors in dry cell batteries and brass for cells than three times 150% of the aver flashlight, electric railroad lantern or plating any electrical contact; (c) zinc other portable electric light or any dry age monthly number of cells contained for plating and in die cast fittings, elec in the hearing aid batteries "»reduced by cell battery or container for holding as trical contact fittings, dry cell battery semblies of such batteries. him during the year 1940; shells and flashlight reflectors; and id) (vii) No manufacturer shall produce (12) “Class A manufacturer” means iron and steel in any part of an electric any one of the following manufacturers: railroad lantern batteries containing railroad lantern or other portable elec more cells than three times 130% of the General Dry Batteries, Inc. of Cleve tric light; in the following parts of flash land, Ohio, lights and dry cell batteries: reflectors, average monthly number of cells con National Carbon Company, Inc. of New tained in the railroad lantern batteries electrical contact fittings, switches, eye produced by him during the year 1940; York, N. Y., lets, rivets, screws, end caps, springs, Ray-O-Vac Company of Madison, Wis and end ferrules, lens rings and battery car (viii) No manufacturer shall produce consin, bon caps; and in grommets and ferrules (13) “Class B manufacturer” means other dry cell batteries containing more for containers for holding assemblies of cells than three times 100% of the aver any manufacturer of radio batteries not dry cell batteries; and classified as a Class A manufacturer. (ii) Up to and including October 31, age monthly number of cells contained (14) “Class C manufacturer” means 1942, (a) copper or copper base alloy in in the other dry cell batteries produced the following manufacturer: electrical contact fittings in the mini by him during the year 1940. National Carbon Company, Inc., of (d) Restrictions on production of flash mum quantities required to provide suit lights, electric railroad lanterns and New York, N. Y. able electrical contact and practical (15) “Class D manufacturer” means other portable electric lights. (1) Ex operation, provided that such copper and cept as provided in paragraph (f), no any one of the following manufacturers: copper base alloy was in his inventory Ray-O-Vac Company of Madison, Class F manufacturer shall produce: on or before October 2, 1942; and (b) (1) During the month of October, 1942, Wisconsin, tinplate, terneplate or tinned copper wire United States Electric Manufacturing in electrical contacts in dry cell bat more (a) flashlights than 60% of the Corp., of New York, N. If., monthly average number of flashlights teries; and (c) iron and steel in battery produced by him during the year 1940; Winchester Repeating Arms Company ou{;er jackets and battery top and bottom of New Haven, Connecticut. (b) electric railroad lantèrns than 100% seals. of the average monthly number of elec (16) “Class E manufacturer” means (c) Restrictions on production of dry any manufacturer of flashlight batteries cell batteries. Except as provided in tric railroad lanterns produced by him not classified as a Class C or Class D subparagraph (f) (1) no manufacturer during the year 1940; or (c) other port manufacturer. able electric lights than 60% of the av (17) “Class P manufacturer” means shall produce any radio batteries other erage monthly number of other portable than: any one of the following manufacturers: (1) Batteries containing cells desig electric lights produced by him during 4 Bright Star Battery Company of nated as “D”, “E”, “F”, “G” or “J” in the year 1940; and Clifton, N. J., Table 1 of Circular C435 of the National (ii) On and after November 1, 1942, The Burgess Battery Company of Bureau of Standards, issued February 18, any flashlight, electric railroad lantern Freeport, Illinois, 1942, with the modifications permitted or other portable electric light. National Carbon Company, Inc., of in section 2.2 of that Circular, and (2) Except as provided in paragraph New York, N. Y., (ii) C Batteries of the types described ''(f), no Class G manufacturer shall pro Ray-O-Vac Company of Madison, in Table 8 of Circular C435 of the Na duce during the period from October 1, Wisconsin, tional Bureau of Standards, issued Feb 1942 to December 31,1942, inclusive, more United States Electric Manufacturing (i) flashlights than three times 60% of Corp. of New York, N. Y., ruary 18, 1942, the monthly average number of flash Winchester Repeating Arms Company except that he may complete the assem lights produced by him during the year of New Haven, Connecticut. bly into batteries of any cells which were 1940; (ii) electric railroad lanterns than (18) “Class G manufacturer” means completed on or before October 2, 1942. three times 100% of the monthly average any manufacturer of flashlights, electric (2) During the period from October 1, number of eleçtric railroad lanterns pro railroad lanterns or other portable elec 1942 to December 31, 1942, inclusive, duced by him during the year 1940; or tric lights noL_classified as a Class P (i) No Class A manufacturer shall pro (iii) other portable electric lights than manufacturer. duce radio batteries containing more three times 60% 6f the average monthly (19) “Scarce material” means alumi cells than three times 30% of the average number of other portable electric lights num, crude rubber, chromium, cadmium, monthly number of cells contained in produced by him during the year 1940. nickel, tin, copper or copper base alloy, the radio batteries produced by him dur (e) Restrictions on sales and deliveries. zinc, iron or steel. ing the year 1940 ; Except as provided in paragraph (f ), no (20) “Transfer” means to sell, lease, (ii) No Class B manufacturer shall manufacturer shall transfer any new trade, deliver," lend, ship or otherwise produce radio batteries containing more flashlight, new electric railroad lantern transfer. cells than three times 100% of the aver or any new other portable electric light, (b) Restrictions on use of materials. age monthly number of cells contained except: (1) Except as provided in subparagraph in the radio batteries produced by him (1) In fulfillment of a purchase order (2) of this paragraph (b) and in para during the year 1940; or contract bearing a preference rating graph (f), no manufacturer shall pro (iii) No Class C manufacturer shall of A-10 or highêr, or duce any dry cell battery, any container produce flashlight batteries containing (2) - In fulfillment of any purchase for holding assemblies of dry cell bat more cells than three times 33 % % of the order or contract placed with him by a teries, or any flashlight, railroad lantern average monthly number of cells con dealer or wholesaler, accompanied by a or other portable electric light contain tained in the flashlight batteries pro certification (which shall constitute a ing any scarce materials. duced by him during the year 1940; representation to the manufacturer and (2) Notwithstanding the provisions of (iv) No Class D manufacturer shall to the War Production Board) in the fol subparagraph (1) of this paragraph (b), produce flashlight batteries containing lowing form: any manufacturer may use in the pro more cells than three times 50% of the The flashlights (electric railroad lanterns, duction of flashlights, electric railroad average monthly number of cells con other portable electric lights) included in lanterns, other portable electric lights or tained in the flashlight batteries pro this order are required to replace in my in dry cell batteries the following mate duced by him during the year 1940; ventory an equal number of flashlights (elec- ä. FEDERAL REGISTER, Saturday, October 3, 1942 7833 trie railroad lanterns, other portable electric (l) Audit and inspection. All records tained on List C is hereby amended to lights) sold pursuant to purchase orders or required to be kept by this order shall, read as follows: contracts bearing preference ratings of A-10 upon request, be submitted to audit and or higher. Pencils, mechanical or automatic, func inspection by duly authorized represent tional parts only, except for resale. atives of the War Production Board. Company (P.D. Reg. 1, as amended, 6 F.R. 6680; B y ...... (m) Reports. All persons affected by this order shall execute and file with the W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (f) Governmental exemptions. The War Production Board such reports and F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, provisions of paragraphs (b), (c), (d) questionnaires as said Board shall from 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th and (e) shall not apply to the production time to time require. Cong., as amended by Pub. Laws 89 and or transfer of any article in fulfillment (n) Violations. Any person who wil 507, 77th Cong.) of a specific purchase order, contract or fully violates any provisions of this order, Issued this 2d day of October 1942. subcontract for delivery to or for the ac or who, in connection with this order, count of the Army or Navy of the United wilfully conceals a material fact or fur Ernest K anzler, States, the United States Maritime Com nishes false information to any depart Director General for Operations. mission, the War Shipping Administra ment or agency of the United States, is [F. R. Doc. 42-9818; Filed, October 2, 1942; tion or to the government of any coun guilty of a crime, and upon conviction 11:44 a. m.] try, including those in the Western Hem .may be punished by fine or imprisonment. isphere, pursuant to the Act of March In addition, any such person may be pro 11,1941, entitled “An Act to Promote the hibited from making or obtaining further Defense of the United States” (Lend- deliveries of or from processing or using material under priority control and may P art 1245—W ood U pholstered Lease Act). F urniture .(g) Provisions for companies under be deprived of priorities assistance. common ownership. For the purposes of (o) Appeals. Any person affected by [Interpretation 1 to General Limitation this order a Class A, B, C, D, E, F or G this order who considers that it works Order L-135] Manufacturer shall include all subsidi an exceptional or unreasonable hard The following official interpretation ship upon him may apply for relief by aries, affiliates or other companies or is hereby issued by the Director General enterprises under common ownership or forwarding a letter addressed to the War control. Production Board, Ref: C-71, setting for Operations with respect to paragraph- (h) Applicability of other orders. On forth the pertinent facts and the reasons (b) (2), as amended September 19, 1942, and after October 2, 1942, the provisions why such person considers that he is en of § 1245.1, General Limitation Order of Conservation Order No. M -ll-b, lim titled to relief. The Director General L-135, issued August 8, 1942.1: iting the use of zinc, shall no longer ap for Operations may thereupon take such Paragraph (b) (2), as amended Sep ply to manufacturers of dry cell batteries action as he deems appropriate. tember 19, 1942, provides that “On and in the manufacture of such batteries but (p) Communications. All reports re after November 1, 1942, no wood up shall be superseded by the provisions of quired to be filed hereunder and all holstered furniture manufacturer shall this order. In so far as any other order communications concerning this order process, fabricate, work on or assemble heretofore or hereafter issued by the shall, unless otherwise directed, be ad dressed to the War Production Board, any new wood upholstered furniture Director of Priorities, the Director of which contains any iron or steel other Industry Operations or the Director Gen Washington, D. C., Ref: L-71. eral for Operations limits the use of any than joining hardware, except that wood (P.D. Reg. 1, as amended, 6 F.R. 6680; upholstered furniture manufacturers material in the production of flashlights, W.P.B. Reg. 1,7 F.R. 561; E.O. 9024,7 F.R. electric railroad lanterns or other port may, after November 1, 1942, process, 329; E.O. 9040, 7 F.R. 527; E.O. 9125, 7 fabricate, work on or assemble final fab able electric lights or dry cell batteries FJR. 2719; sec. 2 (a), Pub. Law 671, 76th or containers for holding assemblies of ric covers on any new wood upholstered Cong., as amended by Pub. Laws 89 and furniture, provided that any such new such batteries to a greater extent than 507, 77th Cong.) the limits imposed by this order, the wood upholstered furniture has otherwise restrictions in such other order shall gov Issued this 2d day of October 1942. been completely processed, fabricated, ern unless otherwise specified therein. Ernest K anzler, worked on or assembled prior to Novem (i) Applicability of priorities regula Director General for Operations. ber 1,1942.” This language is to be strictly con tions. TTiis order and all transactions [F. R. Doc. 42-9821; Filed, October 2, 1942; affected thereby are subject to all appli 11:44 a.- m.] strued. No operation other than the cable provisions of the priorities regula putting on of final fabric covers is per tions of the War Production. Board, as mitted on and after November 1, 1942. amended from time to time. Wood upholstered furniture which is (j) Avoidance of excessive inventories. P art 1176—Iron and S teel Conservation merely “sprung up” may not be padded No manufacturer shall accumulate for [Amendment 7 to General Conservation or worked on in any way other than the use in the manufacture of flashlights, Order M-126 as Amended July 13, 1942] assembly of final fabric covers. In con electric railroad lanterns or other port Section 1176.1 General Conservation nection with the assembly of final fabric able electric lights, or dry cell batteries covers, any work which is absolutely or containers for holding assemblies of Order M-1261 is hereby amended in the such batteries, inventories of raw mate following respect: essential to such assembly is permitted. rials, semi-processed materials, or fin -. (1) The item “Pencils, automatic” con The assembly of decorative molding, ished parts in quantities in excess of the tained on List A as reinstated by Amend nails, and similar items, after the final minimum amount necessary to maintain ment 3, issued July 29, 1942, is hereby fabric cover is placed upon the wood production at the rates permitted by this amended to read as follows: upholstered furniture, is also permitted. order. Pencils, mechanical or automatic. (PJD. Reg. 1, as amended, 6 F.R. 6680; (k) Records. All persons affected by (2) The item “Pencils, automatic, func WJP.B. Reg. 1, 7 F.R. 561; E.O. 9024, this order shall keep and preserve for not tional parts only, except for resale” con- 7 F.R. 329; E.O. 9040, 7 F.R. 527; E.O. less than two years accurate and com 9125, 7 F.R. 2719; sec. 2 (a), Pub. Law plete records concerning inventories, *7 F.R. 5353, 5358, 5462, 5510, 5902, 6047, production and sales. * .7030, 7032. 17 F.R. 6787. 7834 FEDERAL REGISTER, Saturday, October 3, 1942 671,76th Cong., as amended by Pub. Laws less of the terms of any existing contract amendment or supplement thereto or 89 and 507, 77th Cong.) of sale or other commitment, the maxi order issued thereunder. mum price at which the Hanna Engineer (c) This Supplementary Order No. 21 Issued this 2d day of October 1942. ing Works may sell, offer to sell, deliver may be revoked or amended by the Price Ernest K anzler, or transfer two Hanna Portable and Sta Administrator at any time. Director General for Operations. tionary Compression Yoke Riveters with (d) Effective date. This Supplemen [F. R. Doc. 42-0820; Filed, October 2, 1942; a 36" reach, 24" gap, and 16" cylinder tary Order No. 21 (§ 1305.25) shall become 11:44 a. m.] diameter, and the maximum price at effective October 7, 1942. which Kaiser Company, Inc., Portland, (Pub. Law 421, 77th Cong.) Oregon may buy, offer to buy, or accept delivery of said two riveters shall be Issued this 1st day of October 1942. P art 3062—Conservation of N ew Auto $1400 each. motive Vehicles S ubject to R ationing Leon H enderson, * * * * * Administrator. by F ederal A gencies § 1301.59a Effective dates of amend- [F. R. Doc. 42-9788; Filed, October 1, 1942; [Amendment 1 to Conservation Order M-216] TUCTltS, * * * 3:30 p. m.] § 3062.1 Conservation Order M-216, (q) Amendment No. 17 (§ 1301.51 (a) issued August 29,1942,1 is hereby amended (15)) to Revised Price Schedule No. 67 unman i lt%i ^ by changing the dates October 1, 1942 shall become effective October 7, 1942. and October 10, 1942, in paragraph (c), (Pub. Law 421, 77th Cong.) P art 1315—R ubber and P roducts and to November 1, 1942 ancf November 10, Material of W hich R ubber I s a Com 1942, so that said paragraph reads as Issued this 1st day of October 1942. ponent follows: Leon H enderson, [Amendment 34 to Revised Tire Rationing (c) Reports on reserve vehicles re Administrator. RegulationsJ] quired. Every person in possession of [F. R. Doc. 42-0787; Filed, October 1, 1942; TIRES AND TUBES, RETREADING AND RECAPPING reserve vehicles shall file with the Auto 3:27 p. m.] motive Branch, War Production Board, OF TIRES, AND CAMELBACK Washington, D. C., Ref: Order M-216, a A new paragraph, (ii), is added to report of the condition of such vehicled § 1315.151 (d ); a new § 1315.807 is added; on Form PD-641. The initial report P art 1305—Administration add §§ 1315.151 (d) and 1315.804 are shall be as of November 1,1942, and shall amended, as set forth below: be filed not later than November 10,1942. [Supplementary,Order 21] ✓ Definitions Subsequent reports shall be filed there DISTRICT OF COLUMBIA PENAL INSTITUTIONS after at intervals of six months. § 1315.151 Definitions. For the pur Removal of sales by the District of pose of these regulations * * * (P.D. Reg. 1, as amended, 6 F.R. 6680; Columbia of commodities produced and W.P.B. Reg. 1, 7 F.R. 561; E.O. 9024, 7 (d) “Consumer” of a tire or tube means services supplied by the District of any person who holds, purchases, or ac F.R. 329; E.O. 9040, 7 F.R. 527; E.O. 9125, Columbia penal institutions from the 7 F.R. 2719; sec. 2 (a), Pub. Law 671, 76th operation of all price regulations. cepts delivery of a tire or tube for use and Cong., as amended by Pub. Laws 89 and not for resale, or brings a tire to a re- 507, 77th Cong.) A statement of the considerations in treader or recapper to be retreaded or Issued this 1st day of October 1942. volved in the issuance of this supple recapped, the tire to be returned to such mentary order, issued simultaneously E rnest K anzler, person but not for resale. herewith, has been filed with the Division * * * * * Director General for Operations. \ of the Federal Register.* For the rea [F. R. Doc. 42-9823; Filed, October 2, 1942; sons set forth in that statement and (ii) “Used” as applied to tires and tubes 11:43 a. m.] under the authority vested in the Price means a tire or tube that has been run Administrator by the Emergency Price 1,000 miles or more, but does not include Control Act of 1942, It is hereby ordered: a recapped or retreaded tire as defined Chapter XI—Office of Price § 1305.25 Removal of sales by the Dis in paragraph (r) of this § 1315.151. Administration trict of Columbia of commodities pro Transfers and Deliveries of Tires, Tubes, P art 1301—M achine T ools duced and services supplied by the Dis and Camelback trict of Columbia peyial institutions from [Amendment 17 to Revised Price Schedule the operation of all price regulations. § 1315.804 Transfers of tires, tubes or 672] (a) Sales and deliveries by the District of camelback to certain governmental agen NEW MACHINE TOOLS Columbia to the United States or any cies, to manufacturers of new vehicles, A statement of the considerations in agency thereof of any commodity pro and for export—(a) Transfers to certain volved in the issuance of this amendment duced or service supplied by the District governmental agencies or for export. has been prepared and filed with the of Columbia penal institutions shall not Subject to the provisions of paragraphs Division of the Federal Register.* be subject to any price regulation here (c) and (d) of this § 1315.804, any person tofore issued, or which hereafter may be New subparagraph (15) is added to may transfer tires, tubes or camel § 1301.51 (a) as set forth below: issued by the Office of Price Administra tion, unless specific provision making a back: * * * § 1301.51 Maximum prices for new price regulation applicable to such sales (b) Transfers to manufacturers of new machine tools and extras, (a) * * * and deliveries shall hereafter be in vehicles. Subject to the provisions of (15) Hanna Engineering Works, Chi cluded in such price regulation. paragraphs (c) and (d) of this § 1315.804, cago, Illinois. Notwithstanding any other (b) “Price regulation,” as used in this any person may transfer tires or tubes, provision of this paragraph (a), .regard- supplementary order, means a price with the written approval of the chair- * Copies may be obtained from the Office of schedule effective in accordance with the Price Administration. provisions of section 206 of the Emer *7 F.R. 1027, 1089, 2106, 2107, 2541, 2633, 1 7 F.R. 6864. gency Price Control Act of 1942, a maxi 2945, 2948, 3235, 3237,3551, 3830, 4176, 4336, 3 7 F.R. 1337, 1836, 2000, 2105, 2472, 2473, mum price regulation or temporary 4493, 4543, 4544, 4617,4856, 5023, 5274,5276, 2680, 2996, 3445, 3820, 4176, 5513, 5987, and maximum price regulation issued by the 5566, 5605, 5861}, 6423, 6775, 7034, 7241, 7669, 7239. Office of Price Administration, or any 7670. FEDERAL REGISTER, Saturday, October 3, 1942 7835 man of the War Production Board, to any engaged in the business of repairing tires State Building, New York City, New York, manufacturer of new vehicles for use as or tubes, for purposes of mounting or and shall keep a copy thereof. This re part of the original equipment of such repair only, and accept the transfer of port shall state the name and address of vehicles. such tires or tubes after such mounting the dealer, the number and size of used (c) Receipt. Any person who makes or repair. tires or tubes transferred, the date of (4) A consumer, other than a dealer, transfer, and the name and address of any transfer pursuant to paragraphs (a) may change the physical location or use or (b) of this § 1315.804, except a trans the person to whom the dealer has trans of used tires or tubes owned by him, pro ferred the tires or tubes or from whom fer of used tires or tubes, shall obtain a vided that no change in right, title or the dealer has accepted such transfer. receipt from the purchaser upon OPA interest takes place: And provided, fur Form No. R-12 (Revised): Provided, ther, That used tires or tubes are not § 1315.1199a Effective dates of amend- however, That a manufacturer who placed in the hands of a dealer or on his merits. * * * makes any transfer of new tires, new premises unless pursuant to paragraph (hh) Amendment No. 34 (§§ 1315.151, (d), 1315.804 and 1315.807) to Revised tubes, or camelback pursuant to the same (c) (3). (d) Common carriers. A common Tire Rationing Regulations shall become paragraph^, need not obtain such form effective October 1, 1942. from' the purchaser, except when the carrier which on September 30, 1942, was transfer is made or originates from in possession of shipments of used tires (Pub. Law 421, 77th Cong., Jan. 30, 1942, premises on which the manufacturer or tubes consigned to a consignee may de OPM Supp. Order No. M-15c, WPB Direc liver such used tires or tubes to such con tive Nc. 1, Supp. Directive No. IB; 6 F.R. performs the functions of a retailer or signee, who may accept such delivery. 6792, 7 F.R. 121, 350, 434, 473, 562, 925, distributor. (e) Transfers by dealers. (1) No 1009, 1026) # * * ♦ * dealer "may mount on his vehicles or Issued this 1st day of October 1942. § 1315.807 Permitted and prohibited transfer between his vehicles any used transfers of used tires and tubes.— tires or tubes except those mounted on Leon H enderson, (a) Prohibitions. On and after October one or more of his vehicles as of Sep Administrator. 1,1942, except as provided in §§ 1315.401 tember 30, 1942, or mounted on a vehicle [F. R. Doc. 42-9789; Filed, October 1, 1942; acquired by him thereafter. 3:28 p. m.] (c), 1315.402 (d) (5), 1315.403 (a) (5), (2) A dealer may transfer used tires to 1315.501 (d) (4), 1315.502 (c) (4), a retreader or recapper for the purpose 1315.503 (c) (4), 1315.704 (b) and Maximum price to Maximum Maximum Unit of sales consumers price for price for to wholesalers for heels Item sales to sales to shoe and shoe attached by wholesalers9 repairmen * repairmen shoe repair men * (per pair) * • * •• 4. Women’s Cuban heels (scoops or flat type) and junior wedges (all sizes): Super grade or V -l______- ______* $0.45 Standard grade or V-2...... * * - .45 Competitive grade or V-3______* * .40 Special competitive grade or V-4...... *** .35 6. Women’s toplifts: (a) Thin scoop lifts (3 nail hole, fiber back, with wash ers) (all sizes): Super grade or V-l (with nails)...... * * .40 Super grade or V-l (without nails)...... * * .40 All other grades V-2, V-3, V-4 (with nails)...... * .40 All other grades V-2, V-3, V-4 (without nails)____ * * .40 (b) 1 nail hole toplifts plain or fiber back, no washers (all grades, V-l, V-2, v-3, V-4): (1) 1 dozen to carton (with nails) (all colors except white #), by size: 9-0...... * .35 7-0...... • • * .35 6-0...... * * .35 3-0...... * • .35 2-0...... •* * .35 1-0...... * * * .35 2...... * * ♦ .33 4...... ♦ * * .35 6...... * * * .35 1...... * * * .35 3...... - ...... *• * .35 5...... * * * .35 .10 (2) 6 dozen to carton (without nails) (all colors but white §), by size: 9-0...... 35 7-0...... * * .35 6-0...... * • .35 3-0...... ** .35 2-0...... ' * * .35 1-0...... * * .35 2...... • • .35 4...... * • * .35 6...... * • * .35 1...... ** * .35 3...... * * • .35 6...... * * • .35 6...... * *• .35 i .10 (c) Died out toplifts, plain or fiber back: Super grade or V-l, by size: 10)4 iron: Black...... * ».25 Tan or no mark black...... * • ».25 White...... * * »35 All other grades V-2, V-3, V-4, by size: 9 iron: Black...... • \2 5 Tan or no mark black...... * * ».25 White...... * * * ».35 10)4 iron: Black______* m * ».25 Tan or no mark black...... * * * ».25 White...... * • * ».35 12 iron: Black...... I...... * ».25 Tan or no mark black...... * * * ».25 White...... •• ».35 (d) Toplift strips (12)4" x 25"): (1) Plain back, black: Super grade or V-l, by size: 7 iro n ...... * ».25 7)4 iro n ...... ,...... * ** ».25 9 iro n ...... ** * ».25 10)4 iron...... * ».25 12 iro n ...... ♦ f ».25 Standard grade or V-2 by size: 7 iron...... * * »25 7)4 iron...... * ** »25 9 iron...... *•* »25 10V& iron...... ♦ ' * ».25 12 iron...... ** ».25 Special Competitive or V-3, V-4 by size: 7 iron...... * * ».25 7)4 iron...... • ** ».25 9 iron...... ** * ».25 10^6 iron...... * * * ».25 12 iron...... ** ».25 #Fiber back add to each Drice...... 00 Footnotes at end of table. FEDERAL REGISTER, Saturday, October 3, 1942 7837 T able I-A—M aximum Price fob R ubber Heels Sold in the Shoe R epair T rade—Continued Maximum price to Maximum Maximum Unit of sales consumers Item price for price for to wholesalers for heels sales to sales to shoe and shoe attached by wholesalers repairmen repairmen shoe repair men (per pair) 6. Women’s toplifts—Continued. (d) Toplift strips—Continued. (2) Plain back, tan and no mark black#: Super grade or V-l by size: 7 iron...... a ...... • * • •$0.25 7)4 iron______* * * 7.25 9 iron...... __...... * * * »25 10)4 iron______* * * '.25 12 iron...... * * * 7.25 Standard grade or V-2 by size: • 7 iron______• • * 7.25 7)4 iron...... ** * ».25 9 iron...... * * * > ».25 10)4 iron______♦ • • ».25 12 iron______...... * •• ».25 Competitive or special competitive, V-3 or V-4 by size: 7 iron______■ • - •* ».25 7)4 iron...... * * * »25 * * * 7.25 10)4 iron______. • - ** 7.25 12 iron,...... ** * ».25 ##Fiber back add to each price...... 00 (3) Plain back, white##: All grades by size: 7 iron______*• * 7.35 7)4 iron...... ♦ ** ».35 9 iron______* * * ».35 10)4 iro n ...... •* * 7.35 12 iron...... ** * ».35 .00 (e) Toplift blocks (8)4 x 1254"): s (1) Plain back, black: Super grade or V-l, by size: • • 7.25 • * ».25 •• 7.25 12 iron______• ♦ 1 dozen___ ».25 AD othgr grades V-2, V-3, V-4 by size: 7)4 iron______* • ».25 9 iron ...... , ...... * • ».25 *• ».25 12 iron...... ' * • 1 dozen...... 7.25 ##Fiber back add to each price______.00 (2) Plain back, tan and no mark black: Super grade or V-l by size: 7 iron . ______. ______1 dozen... 7.25 * * 1 dozen.., 7.25 10)4 iron . . . ___ . ____ * • 1 dozen ... ».25 *• 7.25 All other grades V-2, V-3, V-4 by size: * • 1 dozen ».25 •• 1 dozen . ».25 10)4 iron ... _ _. . ____ .... ______* - * 1 dozen ».25 ** ».25 ## Fiber back add to each price______.00 (3) Plain back, white: All grades, by size: 7.35 ** 1 dozen ».35 ** 1 dozen ».35 m • 1 dozen ».35 ** * .00 7. Combination leather and rubber lifts (all sizes): Men’s______•2.61 •8.35 1 doz. pairs.. Women’s______* ______...... _____.< *1.76 **2.35 1 doz. pairs.. * *• • • * 10. White heels: Men’s half...... *• ** Women’s cuban (scoop, flat type or junior wedges)___ • * * .55 Women’s thin scoop super grade______t * .25 AD other grades______.50 i* <* i» * If died out toplifts or toplifts cut from toplift strips or toplift blocks are attached to heels which arelarger in size than a size 3-0 Him scoop lift (3 nail hole), the shoe repairman may add $0.05 per pair to the prices stated In Table I-A for attaching these women’s toplifts. • For Wilder Quick Work A Style, combination leather and rubber lifts, there shall be substituted in Table I-A $2.75 instead of $2.51 and $3.67 instead of $3.35. 7838 FEDERAL REGISTER, Saturday, October 3, 1942 (c) The maximum price stated in (h) The maximum price for sales by price to such purchaser at any given field Table I-A for a sale by a shoe repairman wholesalers to that class of wholesalers shall be the highest price that could be includes all repairs made by the shoe who, during March 1942, purchased rub charged at that time under the terms repairman in the process of attaching ber heels from wholesalers at prices and conditions of any contract which rubber heels. higher than those set forth in Table I-A was in effect on May 1, 1942, between (d) (1) The maximum price for sales for sales to wholesalers is the price for such seller and a purchaser of the same to wholesalers shall be decreased by 5% sales of the rubber heels in question to class for the sale of wet gas produced if the purchaser pays cash within thirty shoe repairmen set forth in Table I-A from such field. days after delivery of the rubber heels. less 20%. Paragraphs (d) (1) ^nd (e) (iii) Where a maximum price for wet ( 2) * * * (1) are applicable to such sales. gas cannot be determined under (i) or (e) (1) The maximum price for sales § 1315.1419a Effective dates of amend (ii), or where a maximum price has been to wholesalers shall include the costs of ments. * * * determined under (i) or (ii), and the transportation of the rubber heels to the purchaser wishes to extract, condense buyer’s place of business if the order in (b) Amendment/ No. 2 (§§ 1315.1406 and save additional products from the question amounts to one hundred pounds (a); 1315.1420 (a), (c), (d), edible part, cut or trimmings thereof, (j) “Slaughterer” means: (1) Any per (2) Quota Period 2: January 1, 1943, regardless of how prepared or packaged; son who slaughtered during the first nine to March 31, 1943, inclusive. excluding, however, canned meats, sau months of 1942 cattle, calves, sheep, (b) The corresponding base period sage, scrapple, souse, and other similar lambs, or swine which produced con shall be as follows: products, offal, oils, lards, rendering fats, trolled meat having an aggregate con (1) Base Period 1: October 1, 1941, to raw leaf, casings, by-products not ordi version weight in excess of 1,500,000 December 31, 1941, inclusive. narily used for human consumption, and pounds, and (2) Base Period 2: January 1, 1941, skins of swine when prepared for use in (2) Any person who slaughters during to March 31, 1941, inclusive. leather, glue and gelatin. any quota period cattle, calves, sheep, (b) “Conversion 'weight” means the lambs, or swine which produce controlled § 1407.906 Method of computing quota weight of the live animal, the carcass meat having an aggregate conversion bases, (a) The quota base of a slaugh or the controlled meat derived therefrom weight in excess of 500,000 pounds. terer for each type of controlled meat for multiplied by the applicable conversion each quota period shall be computed as factor as set forth in § 1407.913. § 1407.902 Deliveries of slaughterers follows: From the sum of (c) “Cutter and canner grades of beef” restricted. (a) Notwithstanding the (1) In the case of pork: the conversion means controlled meat conforming to terms of any contract, agreement, or weight of live animals slaughtered by him the specifications for cutter and canner commitment, regardless of when made, during the corresponding base period de grades of steer, heifer, and cow car no slaughterer shall, except as provided termined from the average live purchase cass beef set forth in Service and Reg in Restriction Order No. 1, deliver dur weight of such animals. In the case of ulatory Announcements No. 99, Official ing any quota period, more controlled beef, veal, lamb, and mutton: the con United States Standards for Grades of meat of any type than his quota for such version weight of the chilled dressed car Carcass Beef, United States Department type of controlled meat for such period. casses of animals slaughtered during the of Agriculture, Agricultural Marketing (b) Any slaughterer may, during any corresponding base period. Administration, reprinted with amend quota period, deliver controlled meat (2) The conversion weight of his in ments March, 1942. against any unused portion of his quota ventory of such type of meat at the be (d) “Deliver” means to transfer physi for such type of controlled meat for the ginning of the corresponding base period, cal possession of controlled meat to any preceding quota period in an amount not and other person. The transfer of controlled exceeding 10% of such quota, and (3) The conversion weight of all meat meat by a slaughterer to a unit or de against his quota for such type of con of such type delivered to him during the partment of the slaughterer for use in trolled meat for the subsequent quota corresponding base period, the preparation, manufacture,) or pro period in an amount not exceeding 10% the following shall be subtracted: duction of any product or commodity of his quota for the current quota period. other than controlled meat shall be” Cc) A person who becomes a slaugh (4) The conversion weight of his in terer during a quota period shall not ventory of such type of meat at the close, deemed a transfer of physical possession of the base period, and to a person other than the slaughterer. thereafter during the balance of such In the case of a slaughterer who uses con period deliver controlled meat of any (5) The conversion weight of meat of trolled meat for such purposes without type in an amount which, together with such type delivered by him to other any such transfer, the use of controlled the amount of such type of controlled slaughterers in deliveries of more than meat in the preparation, manufacture meat previously delivered by him during 5.000 pounds each or pursuant to any or production of any product or com such period, would exceed his quota for contract calling for delivery of more than such controlled meat for such period. 5.000 pounds, and modity other than controlled meat shall (6) Fifty percent of the conversion have the same effect for the purposes § 1407.903 Quotas established, (a) weight of meat of such type delivered of Restriction Order No. 1 as a transfer The quota of a slaughterer for each type of physical possession to a person other directly, or contained in canned meat de of controlled meat for each quota period livered directly, by him to the Army, than the slaughterer. shall be the conversion weight obtained (e) “Dressed carcass” means the car Navy, Marine Corps, Coast Guard, or by multiplying the quota base for such to any agency of the United States to be cass in the following state: type of. controlled meat by the percentage (1) In the case of beef, with the kid delivered to, or for the account of, the ney knob in. set forth below: government of any country pursuant to (2) In the case of veal, with the hide Type of controlled meat: Percentage the Act of March 11, 1941 (Lend-Lease off. - . v Beef____ -r ______80 Act.k (3) In the case of pork, with the leaf Veal______100 (b) If any person acquires or has ac fat and kidney out and the head off. Lamb and m utton______95 quired a business involving slaughtering, (4) In the case of lamb and mutton, Pork______75 including the good will thereof, and con with pluck out. (b) Any incorporated slaughterer may tinues the business in substantially the (f) “Federally inspected” means apply to the Office of Price Administra same manner as it was carried on prior slaughtered, dressed and passed in a tion for consolidation of its quotas with to such acquisition, the deliveries, slaugh plant subject to federal inspection pur terings, and inventories of such business the quotas of any one or more of its prior thereto shall be deemed to have suant to the Act of Congress of March wholly-owned subsidiaries. 4, 1907 (Federal Meat Inspection Act, been made or held by such person for the 34 Stat. 1260). § 1407.904 Deliveries of non-quota purposes of Restriction Order No. 1. If (g) “Non-quota slaughterer” means slaughterers restricted, (a) Notwith a slaughterer makes such acquisition sub any person, other than a slaughterer as standing the terms of any contract, sequent to his registration he shall im herein defined, who slaughters cattle, agreement, or commitment, regardless of mediately file a new registration in ac calves, sheep, lambs, or swine and sells when made, no non-quota slaughterer cordance with § 1407.914. the controlled meat derived therefrom. shall, during any quota period, deliver (c) The Office of Price Administration (h) “Person” means any individual, more controlled meat of any type result upon application may fix for a slaugh partnership, corporation, or association, ing from his own slaughter than he deliv terer a quota base for a quota period for and includes the United States, or any ered of such type resulting from his own any type of controlled meat hot delivered agency thereof, the states or any politi slaughter during the corresponding base by such slaughterer during the corre cal subdivision or agencies thereof, and period, provided that deliveries during a sponding base period. any other government or any agency quota period to persons referred to in thereof. § 1407.912 (a) shall not be regarded as § 1407.907 Method of computing de (i) “Sausage” means any ground, deliveries for the purposes of this section. liveries during quota period, (a) The chopped, or cut meat or offal of cattle, § 1407.905 Base and quota periods es amount of each type of controlled meat calves, sheep, lambs, or swine mixed with tablished. (a) There are hereby estab delivered by a slaughterer during a quota condiments or other materials and pre lished the following quota periods: period and charged against his quota pared in loaf or sausage-type form, with (1) Quota Period 1: October 1,1942, to shall be computed as follows: From the or without casings. December 31, 1942, inclusive. sum of FEDERAL REGISTER, Saturday, October 3, 1942 7841 (1) In the case of pork: the conver to his own order for security purposes than an agency listed in paragraph (a) sion weight of live animals slaughtered only. (1) of this section, which took delivery by him during the quota period deter (b) A delivery shall not be deemed to of controlled meat in the year 1941 under mined from the average live purchase take place when controlled meat is placed contracts awarded upon the basis of weight of such animals. In the case In a public warehouse solely for storage competitive bids. of beef, veal, lamb and mutton: the con (5) Any person when such delivery is version weight of the chilled dressed car purposes, but the withdrawal of such specifically authorized by the Director of casses of animals slaughtered during the meat from any such warehouse by any the Pood Rationing Division of the Of quota period. person other than the slaughterer who fice of Price Administration. (2) The conversion weight of his in placed it there shall be deemed a de (6) Any slaughterer whose deliveries ventory of such type of meat at the be livery. are subject to the quota provisions hereof ginning of the quota period, and § 1407.911 Slaughterers owning retail at the time of such delivery. (3) The conversion weight of all meat outlets. In the case of a person who (b) A slaughterer who delivers con of such type delivered to him during the owns five or more establishments selling trolled meat to a purchaser specified in quota period, controlled meat principally at retail and paragraph (a) (1) to (6) inclusive of the following shall be subtracted: who is also a slaughterer, the operation this section, or to a person to replace in of the slaughtering plant or plants op such person’s inventory controlled meat (4) The conversion weight of his in erated by him shall be deemed to be delivered on or after October 1, 1942, ventory of such type of meat at the close separate from all his other activities for to any such purchaser, shall, not later of the quota period, and the purpose of Restriction Order No. 1, than 10 days after such delivery, obtain (5) The conversion weight of meat of including the determination of the ap a certification signed by the purchaser such type delivered by him during the plicable quota base and quotas. Deliv or his authorized agent or employee set quota period to the persons set forth in eries to such person shall be deemed ting forth the following: § 1407.912 (a) . quota exempt pursuant to § 1407.912 only (1) The name and address of the per § 1407.908 Accounting procedures and if made to such plant or plants, and son making delivery to the purchaser. inventories, (a) A slaughterer in deter only inventories of and deliveries to and (2) The name and address of the pur mining his inventories for the purposes from such plant or plants shall be in chaser. of §§ 1407.905 and 1407.906 shall disre cluded in any computations required by (3) The date of delivery. gard inventories of non-slaughtering Restriction Order No. 1. The restrictions (4) The total weight of each type of branches or branch warehouses. in §§ 1407.902 and 1407.909 shall apply controlled meat delivered, and a descrip (b) If the slaughterer’s customary to such person only with respect to de tion thereof permitting conversion in ac time for taking inventory does not corre liveries of controlled meat from, and the cordance with the provisions of §1407.913. spond with the opening or closing of a use of controlled meat in, such plant or (c) A slaughterer who delivers con base period or quota period, an inventory plants. trolled meat to a purchaser specified in taken not more than 15 days from the § 1407.912 Deliveries permitted with paragraph (a) (2) of this section, or to a opening or closing of such period may out charge a g ainst quotas, (a) A person to replace controlled meat deliv be used fCs the opening or closing inven- slaughterer who complies with the pro ered on or after October 1, 1942, to any ,tory as the case may be. visions of "paragraph (b> of this section such purchaser, shall obtain with the (c) ' If the records in the possession ofmay, without charge against his quota, certification required by paragraph (b) the slaughterer on the effective date of deliver controlled meat to any of the fol of this section a copy of the export license Restriction Order No. 1 are not sufficient lowing purchasers, or to any person to authorizing the export of such controlled for the determination of the inventories replace controlled meat delivered on or meat. If i o export license is required for required for the computation of quota after October 1, 1942 to any such pur the shipment, the slaughterer shall ob bases, he may apply to the Office of Price chaser or to any person who requires such tain with the certification a copy of the Administration for permission to adopt meat for delivery, with of without fur bill of lading under which the controlled an alternative method of computing ther processing, to any such purchaser jneat was shipped. quota bases. pursuant to a written contract: (d) A slaughterer who delivers con (1) The Army, Navy, Marine Corps, trolled meat to a purchaser specified in § 1407.909 Deliveries of cutter and Coast Guard, Coast and Geodetic Survey, paragraph (a) (3) of this section, or to a canner grades of "beef further restricted. War Shipping Administration, Maritime person to replace controlled meat deliv (a) No slaughterer shall during any Commission, Panama Canal, Advisory ered on or after October 1, 1942, to any quota period deliver controlled meat of Committee for Aeronautics, Office of such purchaser, shall obtain with the cer cutter and canner grades of federally -im- Scientific Research and Development, tification required by paragraph (b) of spected beef to persons other than those Defense Supplies Corporation, and any this section a statement signed by the referred to in § 1407.912 (a) in excess of agency of the United States or of any collector of customs or his deputy author 20% of the conversion weight of all his foreign government for export to and izing such delivery as ship stores. deliveries of such cutter and canner consumption or use in any foreign coun (e) A slaughterer who delivers con grades during the quota period. Such try or any territory or possession of the trolled meat to a purchaser specified in 20 percentum shall include all deliveries United States other than the District of paragraph (a) (4) of this section, or to a of such beef after rejection thereof for Columbia: Provided, however, That post person to replace controlled meat deliv failure to meet the specifications of per exchanges, organized messes, sales com ered on .or after October 1, 1942 to any sons referred to in § 1407.912 (a). missaries, service men’s clubs, ship service such purchaser, shall obtain with the cer (b) No slaughterer shall during any stores, and similar organizations, shall tification required by paragraph (b) of quota period deliver more than 25% of not be deemed part of the Army, Navy, this section a statement, signed by the his quota for beef for such period in cut Marine Corps or Coast Guard. manager, superintendent or other official ter or canner grades of non-federally in (2) Any person for export to and con in charge of such institutions, that such spected beef, unless an adjustment be sumption or use in any foreign country, purchaser took delivery of controlled granted to him pursuant to the provisions or any territory or possession of the meat in the year 1941 under contracts of § 1407.917. United States’other than the District of awarded upon the basis of competitive § 1407.910 When delivery takes places Columbia. bids. transfers of possession for carriage or (3) Any person operating an ocean (f) A slaughterer who delivers con storage, (a) Controlled meat trans going vessel engaged in the transporta trolled meat to a purchaser specified in ferred to a carrier or loaded aboard a tion of cargo or passengers in foreign, paragraph (a) (5) of this section, or to vehicle or vessel (whether or not owned coastwise or intercoastal trade, as ships’ a person to replace controlled meat de or controlled by the slaughterer) for stores for consumption aboard such livered orTor after October 1,1942 to any shipment to a person other than the vessel. such purchaser shall obtain with the slaughterer shall be deemed to be de (4) Any hospital, asylum, orphanage, certification required by paragraph (b) livered when so transferred or loaded, re prison, or other similar institution, which of this section a copy of the authoriza gardless of whether the slaughterer is operated by any federal, state, or local tion issued by the Office of Price Admin reserves title or consigns the shipment government or agency'"thereof, other istration. 7842 FEDERAL REGISTER, Saturday, October 3, 1942 (g) A slaughterer who delivers con (7) A statement that such controlled a registration number will be returned trolled meat to another slaughterer whose meat will be used only in the perform to the slaughterer and shall be kept at deliveries are subject to the quota provi ance of the contract. the place designated by him in his reg sions hereof at the time of such delivery (i) If any of the information specified istration statement for the keeping of shall not later than 10 days after such under paragraphs (b) to (f) inclusive of records. delivery obtain a certification signed by this section is military information of (d) The registration number of the the slaughterer to whom such delivery a secret character, such information may slaughterer shall appear on all reports is made or his authorized agent or em be omitted.' submitted by him to the Office of Price ployee setting forth that the latter’s de (j) The certifications which are re Administration. liveries are subject to the quota provi ferred to in this section and the state § 1407.915 Reports, (a) Every slaugh sions of Restriction Order No. 1, his ments which accompany them may be terer shall furnish such information to, registration number, and the date on in any convenient form and do not re and execute and file such reports with, which he registered. quire verification or acknowledgment. (h) A slaughterer who delivers con the Office of Price Administration, as it trolled meat to a person requiring such § 1407.913 Conversion weight factors. may from time to time require. meat for delivery to an exempted pur (a) For the purposes of §§ 1407.905 and § 1407.916 Records, (a) Every slaugh chaser listed in paragraph (a) (1) to 1407.906, the conversion weight of swine terer shall keep accurate records from (6) inclusive of this section, pursuant to slaughtered during a period shall be de which the following may be determined a written contract with such purchaser, termined exclusively by computing the for each quota period: shall within 10 days after delivery to average purchase weight of the total- (1) The conversion weight of controlled such person obtain a certification signed number of swine slaughtered (less con meat of each type on hand at the com by such person or his authorized agent demnations) and multiplying the total mencement of the quota period. or employee setting forth the following: live purchase weight of such swine by (2) The conversion weight of con (1) The name and address of the per the appropriate conversion factor set trolled meat of each type delivered to the son requiring such controlled meat. forth below for the weight range within slaughterer. (2) The name and address of the which the average falls: (3) The conversion weight of controlled exempted purchaser. Conversion meat of each type produced from animals (3) The date of the contract. Average live weight range: factor slaughtered. (4) The number or other designation 200 lbs., and under______0. 59 <4) The conversion weight of controlled of the contract. 201-240 lbs...... 61 meat of each type delivered without (5) The total weight of each type of 241-300 lbs______.63 charge against quotas, separately stated controlled meat purchased from such 301 lbs., and over______.65 for each class of exempt purchasers in slaughterer, and a description thereof (b) The conversion weight of carcasses, accordance with the arrangement of permitting conversion in accordance and cuts and trimmings of contrqlled such purchasers into paragraphs in meat derived therefrom shall be deter § 1407.912 (a). with the provisions of § 1407.910. (5) The Conversion weight of controlled (6) The total weight and description mined by multiplying the weight thereof meat of each type on hand at the close of of each type of controlled meat required by the appropriate conversion factor set the quota period. to perform the contract. forth below: (6) The conversion weight of beef of cutter and canner grades slaughtered during such period. (7) The conversion weight of beef of cutter and canner grades delivered with Beef-. Dressed carcasses and cuts, bone in, fresh (chilled) or frozen______Boned beef and trimmings, fresh (chilled) or frozen______out charge against quotas, separately Cured other than dried______. . . ______.. stated for each class of exempt pur Dried (including smoked)...... ^ ______Veal. Dressed carcasses hide off, and cuts, bone in, fresh (chilled) or chasers in accordance with the arrange frozen. ment of such purchasers into paragraphs Dressed carcasses hide on, fresh (chilled) or frozen....______Boned, fresh (chilled) or frozen...... in j 1407.912 (a). Lamb and mutton. Dressed carcasses pluck out, and cuts, bone in, fresh (chilled) or (b) Every non-quota slaughterer shall frozen. keep an accurate record, by quota peri Dressed carcasses pluck in, fresh (chilled) or frozen_____ Boned, fresh (chilled) or frozen______u____ ods, of live purchase weight and chilled Pork. Dressed carcasses (with cutting fats on), fresh (chilled) or frozen___ dressed carcass weight of all cattle, Bone Cuts: in halves, sheep and lambs. slaughtered by Fresh (chilled)______~______1.00 him a^uL.Qf' MWlTOrchase weight of all Cured...... _...... 1.00 Smoked___ .... ______.'.______1.10 .^wiriu slaughtered by him. Cooked...... J...... 1.10 (c) All records required by Restric tion Order No. 1 shall be kept and pre served-for not less than 2 years after (c) For the purpose of determining Office of Price Administration may here the effective date hereof at an office of quota bases where no record is available after prescribe, executed in duplicate and the slaughterer designated by him in of transfers of controlled meat to the signed by the slaughterer, a partner (if his registration, and shall at all reason sausage and canning unit or department, a partnership), an officer (if a corpora able times be open to audit and inspec* the conversion weight of each type of tion) , or a manager of the slaughterer. tion by duly authorized representatives, controlled meat used in the preparation (b) No slaughterer who becomes a of the Office of Price Administration. of sausage and canned meat shall be slaughterer by reason of the fact that he (d) Every person who slaughters cat computed by determining the net weight slaughters, during a quota period, cat tle, calves, sheep, lambs or swine and of controlled meat of such type used in tle, calves, sheep, lambs or swine which every person who sells, transfers, or de the processing thereof, and multiplying produce controlled meat having an ag livers controlled meat shall preserve for such net weight by 1.33. gregate conversion weight in excess of examination by the Office of Price Ad § 1407.914 Registration of slaughter 500,000 pounds shall deliver controlled ministration all of his existing records ers. (a) No slaughterer who during the meat on or after the tenth day following relating to suph slaughter, sales, trans first nine months of 1942 slaughtered the date on which he became a slaugh fers, and deliveries since January 1,1941, cattle, calves, sheep, lambs or swine terer unless he shall have filed with the unless authorized to dispose thereof by which produced controlled meat having Office of Price Administration a regis the Office of Price Administration. an aggregate conversion weight in ex tration statement on such form as the § 1407.917 Application for adjustment cess of 1,500,000 pounds shall deliver con Office of Price Administration may here or exemption, (a) Any person who trolled meat on or after November 1, after prescribe, executed and signed as considers that an adjustment or excep 1942, unless he shall have filed with the required in paragraph (a) of this section. tion should be made in his case to facili Office of Price Administration a regis (c) The duplicate of such registration tate procurement by persons referred to tration statement on such form as the form, bearing the date of resignation and in § 1407.912 (a) (1), prevent spoilage FEDERAL REGISTER, Saturday, October 3, 1942 7843 of meat, relieve transportation facilities, son to perform any of the foregoing acts (3) On and after October 1, 1942, re adjust quotas which have been affected or to violate any provision of Restriction gardless of any price regulation hereto by unusual occurrences during the base Order No. 1 may upon conviction be fore issued by the Office of Price Admin period, or promote greater efficiency and fined not more than $10,000 or impris istration, no person shall sell or deliver despatch in the war effort, may apply oned for not more than two years, or cigarettes at retail in the Territory of in writing to the Office of Price Admin both, and shall be subject to such other Puerto Rico and no person shall buy or istration, setting forth the pertinent penalties or actions as may be prescribed receive cigarettes in the Territory of facts, the reasons why he considers that by law. Puerto Rico at prices higher than the an adjustment or exception should be (b) Any person who wilfully performs maximum^prices set forth in § 1418.14 made, and the precise nature of the any act prohibited, or wilfully fails to (c), Table III; and no person shall agree, adjustment or exception desired. perform any act required, by any pro offer, solicit or attempt to do any of the (b) In cases of emergency, application vision of Restriction Order No. 1 may foregoing. may be made by the most convenient upon conviction be fined not more than ****** means of communication and a written $10,000 and imprisoned for not more § 1418.13a Effective dates of amend application may be filed at such time than one year, or both, and shall be ments. * * * thereafter as the Office of Price Admin subject to such other penalties or ac (d) Amendment No. 4 (§§ 1418.1 (a) istration may direct. tions as may be prescribed by all ap (3), 1418.13a (d) and 1418.14 (c)) to (c) Upon receipt of such application, plicable statutes. Maximum Price Regulation No. 183 shall the Office of Price Administration may § 1407.921 Suspension orders. Any become effective October 1, 1942. take such action as it shall deem neces person who violates this Restriction Or ***** sary or appropriate. § 1418.14 Tables of maximum prices. der No. 1 may by administrative suspen * * * § 1407.918 Certification deemed a rep sion order be prohibited from receiving resentations. Any certification delivered any transfers or deliveries of, or selling (c) TaWe 111—Maximum retail prices to a slaughterer pursuant to the provi or using or otherwise disposing of, any for cigarettes. (1) The maximum retail sions of § 1407.912 ib) shall be held by controlled meat or other rationed prod prices for cigarettes sold or delivered in the slaughterer for delivery to the Office uct. Such suspension order shall be is the Territory of Puerto Rico shall be: of Price Administration upon request by sued for such period as in the judgment Maximum retail pripe it and statements contained in or ac of the Administrator, or such person per package of 20 companying any such certification shall as he may designate for such purpose, is Brands cigarettes necessary or appropriate in the public C am el______$. 16 be deemed representations to an agency Chesterfield______. 16 of the United States. interest and to promote the national defense. Lucky Strike______. 16 § 1407.919 Prohibited acts, (a) No Old Gold...... 16 person shall deliver, or offer to deliver, § 1407.922 Scope of order. Restric Philip Morris______. 16 tion Order No. 1 shall apply within the R aleigh______• 16 to any person, and no person shall accept Pall Mall------.16 or offer to accept delivery from any 48 states of the United States and within person, or use, any controlled meat with the District of Columbia. The maximum retail price for these knowledge or reason to believe that such brands of cigarettes not sold in packages § 1407.923 Communications. All reg of 20 cigarettes shall be a maximum price delivery or use is or will be in violation istration statements and reports required of Restriction Order No. 1, or in viola to be filed hereunder, and all communi in line with the above prices. Any re tion of or contrary to any of the state duction in the number of cigarettes shall cations concerning Restriction Order No. be' accompanied by a proportionate re ments contained in any certification or 1 shall be addressed to: Office of Price authorization furnished or provided as duction in price. For example : The max Administration, Att: Pood Rationing Di imum retail price for 10 cigarettes shall required im § 1407.912 (b). vision, Washington, D. C. (b) No person shall, or shall cause an be 8 cents, the maximum retail price for other person to, alter or falsify any regis § 1407.924 Effective date. Restric 5 cigarettes shall be 4 cents, and the tration certification, or statement, or to tion Order No. 1 shall become effective maximum retail price for any quantity falsify, conceal or fail to disclose any October 1,1942. less than 5 cigarettes shall be 1 cent per cigarette. fact, statement or information in any Issued this 1st day of October 1942. application, registration, report or other The maximum retail price for all other statement required to be made, kept, Leon H enderson, brands of cigarettes shall continue to be furnished or disclosed by Restriction Or Administrator. governed by the General Maximum Price Regulation. der No. 1. [F. R. Doc. 42-9809; Filed, October 1, 1942; 4:39 p. m.] On and after the effective date of this (c) No person shall offer, solicit, at amendment, all persons selling cigarettes tempt or agree to do any act in violation to retailers in the Territory of Puerto of any provision of Restriction Order Rico shall insert in the first shipment to No. 1. each retailer the following notification: § 1497.920 Criminal prosecutions, (a) P art 1418-*-Territories and P ossessions The maximum retail price for Camels, Ches Any person who knowingly falsifies an [Amendment 4 to Maximum Price Regula- terfields, Lucky Strikes, Old Golds, Philip application, certification, registration • tion 1831] Morris, Raleighs and Pall Mall which you are form or any other record, report, or allowed to charge is 16 cents per package. document made pursuant to or required PUERTO RICO Any reduction in the number of cigarettes by the terms of Restriction.Order No. 1 shall be accompanied by a proportionate re A statement of the considerations in duction in price. For example: The- maxi or who otherwise knowingly furnishes volved in the issuance of this amendment mum retail price for 10 cigarettes shall be 8 false information to any agent, employee has been issued simultaneously herewith cents, the maximum retail price for 5 cig or officer of the Office of Price Adminis and has been filed with the Division of arettes shall be 4 cents, and the maximum tration or falsifies or conceals or covers the Federal Register.* retail price for any quantity less than 5 up by any trick, scheme or device a mate Subparagraph (3) is added to para cigarettes shall be 1 cent per cigarette. ■ The maximum retail price for all other brands of rial fact, or makes or causes to be made graph (a) of § 1418.1, paragraph (d) is cigarettes continues to be the highest price any false or fraudulent statement or rep added to § 1418.13a and paragraph (c) charged by you between April 10 and May 10, resentation, in any matter within the jur is added to § 1418.14. 1942. isdiction of the Office of Price Adminis § 1418.1 Maximum prices, (a) Maxi (Pub. Law 421, 77th Cong.) tration, may upon conviction be fined not mum prices are established as follows: Issued this 1st day of October 1942. more than $10,000 or imprisoned for not ***** Leon H enderson, more than ten years, or both, and shall Administrator. be subject to such other penalties or ac * Copies may be obtained from the Office tions as may be prescribed by law. Any of Price Administration. [F. R. Doc. 42-9798; Filed, October 1, 1942; person who conspires with another per 17 F it. 5620, 6744, 6659, 7454. 3:27 p. m.] 7844 FEDERAL REGISTER, Saturday, October 3, 1942 P art 1424—I mported and P ackaged P oods § 1424.3 Less than maximum prices. or for adjustment or' exception requires [Maximum Price Regulation 231] Lower prices than those established by extended consideration, the Price Ad this Maximum Price Regulation No. 231 ministrator may, upon application, grant RAW SPICES AND SPICE SEEDS may be charged, demanded, paid or permission to agree to adjust prices upon In the judgment of the Price Adminis offered. deliveries made during the pendency of the petition in accordance with the dis trator, it is necessary and proper to es § 1424.4 Export sales. The maximum position of the petition. tablish maximum prices for sales of raw prices at which a person may export raw spices and spice seeds by a specific maxi spices and spice seeds shall be determined § 1424.7 Petitions for amendment. mum price regulation. in accordance with the provisions of the Persons seeking any modifications of this A statement of the considerations in Revised Maximum Export Price Regu Maximum Price Regulation No. 231 or volved in the issuance of this regulation lation 2 issued by the Office of Price Ad exception not provide’d for therein may has been issued simultaneously herewith ministration. file petitions for amendment in accord and filed with the Division of the Federal ance with the provisions of Procedural § 1424.5 Federal and state taxes. Any Regulation No. 1, issued by the Office of Register.* In the judgment of the Price tax upon, or incident to, the sale or de Price Administration. Administrator, the maximum prices es livery of raw spices and spice seeds, im tablished by this Maximum Price Regu posed by any statute of the United States § 1424.8 Evasion, (a) The price limi lation No. 231 are and will be generally or statute or ordinance of any state or tations set forth in this Maximum Price fair and equitable and will effectuate the subdivision thereof, shall be treated as Regulation No. 231 shall not be evaded, purposes of the Emergency Price Control follows in determining the seller’s maxi whether by direct or indirect methods, in Act of 1942. So fajr as practical, the mum price for such commodity and in connection with an offer, solicitation, Price Administrator has advised and con preparing the records of such seller with agreement, sale or delivery of, or relating sulted with members of the industry respect thereto: to the sale of raw spices or spice seeds which will be affected by this regulation. (a) As to a tax in effect prior to the alone or in connection with any other Therefore, under the authority vested effective date hereof (1) if the seller commodity, or by way of commission, in the Price Administrator by the Emer paid such tax, or if the tax was paid by service, transportation, or other charge, gency Price Control Act of 1942, and in any prior, vendor, irrespective of whether or discount, premium or other privilege, accordance with Procedural Regulation the amount thereof was separately stated or by tying-agreement or other trade un No. I,1 issued by the Office of Price Ad and collected from the seller, but the derstanding or otherwise. ministration, Maximum Price Regulation seller did not customarily state and col (b) Specifically, but not exclusively, No. 231 is hereby issued. lect separately from the purchase price the following practices are prohibited: Sec. during the applicable base period the (1) To mark-down the grade or qual 1424.1 Prohibition against sales of raw amount of the tax paid by him or tax ity of any raw spices or spice seeds with spices and spice seeds above maxi reimbursement collected from him by out making corresponding and proper mum prices. his vendor, the seller may not collect price reduction; * 1424.2 Applicability of the General Maxi such amount in addition to the maximum (2) The breaking up or dividing of a mum Price Regulation. price, and in such case shall include such quantity of raw spices or spice seeds 1424.3 Less than maximum prices. into the smaller quantities specified in 1424.4 Export sales. amount in determining the m aximum 1424.5 Federal and state taxes. price under this Maximum Price Regula § 1424.14 (g) for the purpose of obtain 1424.6 Adjustable pricing. tion No. 231. (2) In all other cases, if, ing a higher price for such quantity: 1424.7 Petitions for amendment. at the time the seller determines his (3) The elimination of customary 1424.8 Evasion. maximum price, the statute or ordi trade allowances and discounts that were 1424.9 Enforcement. nance imposing Such tax does not pro in existence prior to December 8,1941; 1424.10 Records and reports. hibit the seller from stating and col (4) Changes in the classifications of 1424.11 Definitions. lecting the tax separately, from the pur purchasers of raw spices and spice seeds 1424.12 Applicability. which were in effect during March 1942. 1424.13 Effective date. chase 'price, and the seller does state it 1424.14 Appendix A: Maximum prices for separately, the seller may collect, in ad § 1424.9 Enforcement, (a) Persons raw spices and spice seeds. dition to the maximum price, the amount violating any provisions of this Maximum of the tax actually paid by him or an Au th o rity : §§ 1424.1 to 1424.14 inclusive Price Regulation No. 231 are subject to issued under Pub. Law 421, 77th Cong. amount or tax paid by any prior vendor the criminal penalties, civil enforcement and separately stated and collected from actions, and suits for treble damages pro § 1424.1 Prohibition against sales of the seller by the vendor from whom he vided for by the Emergency Price Con raw spices and spice seeds above maxi purchased, and in such case the sell^c_ trol Act of 1942. mum prices. On and after October 7, shall not include such amount in detei- (b) Persons who have any evidence 1942, regardless of any contract, agree mining the maximum price under this of any violation of this Maximum Price ment, lease or other obligation: Maximum Price Regulation No. 231. Regulation No. 231 or any price schedule, (a) No person shall sell or deliver any (b) As to a tax or increase in a tax regulation or order, issued by the Office raw spices or spice seeds at higher prices which becomes effective after October of Price Administration, or any acts or than the maximum prices set forth in 6, 1942, if the statute or ordinance im practices which constitute such a viola Appendix A of this Maximum Price Reg posing such tax or increase does not tion, are urged to communicate with the ulation No. 231. prohibit the seller from stating and col nearest district, state, field or regional (b) No person shall buy or receive any lecting the tax or increase separately offices of the Office of Price Administra raw spices or spice seeds in the course from the purchase price, and the seller tion, Or its principal office in Washing of trade or business at higher prices than does separately state it, the seller may ton, D. C. the maximum prices set forth in this collect, in addition to the maximum Maximum Price Regulation No. 231. prices, the amount of the tax or in § 1424.10 Records and reports. (a) crease actually paid by him or an amount Every person making sales of raw spices § 1424.2 Applicability of the General equal to the amount of tax paid by any and spice seeds after October 6, 1942, Maximum Price Regulation. The pro prior vendor and separately stated and shall keep for inspection by the Office of visions of this Maximum Price Regula collected from the seller by the vendor Price Administration for so long as the tion No. 231 supersede the provisions of from whom he purchased. the General Maximum Price Regulation Emergency Price Control Act of 1942 re with respect to sales and deliveries of § 1424.6 Adjustable pricing. Any per mains in effect, complete and accurate raw spices and spice seeds for which son may offer or agree to adjust or fix records of each such purchase or sale, maximum prices are established by this prices to and at prices not in excess of showing the date thereof, the name and regulation. the maximum prices in effect at the address of the buyer and the seller, the time of delivery. In appropriate situa price contracted for or received, and the •Copies may be obtained from the Office of tions where a petition for amendment quantity of each type and grade of such Price Administration. raw spices and spice seeds purchased or 17 F.R. 971, 3663, 6967. * 7 F E . 5059. sold. FEDERAL REGISTER, Saturday, October 3, 1942 7845 (b) Such persons shall submit such re Spices and spice seeds ping Administration rates prevailing on ports to the Office of Price Administra Cents per pound the date of shipment from the country tion and shall keep such other records in Ex-dock or warehouse of origin, except that on any shipments addition to or in place of the records re any continental U. S. of raw spices and spice seeds shipped quired in paragraph (a) of this section as port of entry. from the country of origin subsequent to the Office of Price Administration may Anise seed, Mexican______33 August 1, 1942, on whieh the importer from time to time require. Anise seed, star______45 has carried a War Shipping Administra (c) Any person delivering raw spices Canary seed, Argentine______8% tion war risk insurance policy, deduc Caraway seed, Dutch______105 or spice seeds under the terms of the Caraway seed, Syrian____ . ______80 tions must be made from the maximum contract specified in §1.424.14 (e) shall Cardamom, Indian, bleached bold____ 165 prices set forth in paragraph (a) of this report such delivery to the Office of Price Cardamom, Indian, bleached medium. 155 section equivalent to the difference be Administration, Washington, D. C. within Cardamom, Indian, decorticated_____ 155 tween the highest commercial rate for 10 days thereof stating (1) the name and Cardamom, Indian, green______99 war risk insurance in effect July 24, address of the buyer and seller, (2) the Cassia, all thin saigon______62 1942, and the War Shipping Administra actual date of the contract, (3) the date Cassia, Batavia, No. 1______;______58 tion rate prevailing on the date of ship Cassia, China rolls—extra selected___ 51 ment from the country of origin. of delivery, (4) the price, quantity and Celery seed, Indian______50 description of the product sold, (5) the Cinnamon, Ceylon No. 2__ 58 (e) Deliveries and receipts made in ac remaining quantity yet -to be delivered Chillies, Mombassa______23 cordance with the terms of any contract by the seller under the terms of such Cloves, Zanzibar______21 for raw spices and spice seeds entered into contract. Coriander seed, Morocco______14 prior to the effective date of this Maxi Coriander seed, Indian______10 mum Price Regulation No. 231 shall be § 1424.11 Definitions, (a) When used Cumin seed, Indian______17% exempt from the maximum prices speci in this Maximum Priçe Regulation No. Dill seed, Indian______9 fied in paragraph (a) of this section if 231, the terms below unless the context Fennel seed, Indian______9 the prices named in such contract do otherwise required, shall be construed as Foenugreek seed, Indian______9 not exceed the maximum prices for such follows: Ginger, African______28 Ginger, Jamaica No. 3_:______35 raw spices and spice seeds as would be (1) “Package” shall mean the custom Ginger, unbleached Cochin______28 permitted under the provisions of the ary unit and weight of bag, bale, box Laurel leaves, Greek______55 General Maximum Price Regulation and or pack in which the raw spices or spice Laurel leaves, Portuguese______._18 notice of such transaction is given to the seeds in question are customarily placed Mace, West India pale No. 1______70 Office of Price Administration as pro for shipment. Mace, Siauw No. 1______— ------70 vided in § 1424.10 paragraph (c). (2) “Person” includes an individual Marjoram, (Oregano) Chilean------45 Nutmegs, East India, unassorted_____ 42 (f) The maximum prices set forth in corporation, partnership, association, or Nutmegs, West India, unassorted____ 37 paragraph (a) of this section are ex-dock any other organized group of persons, or Paprika, fancy Spanish______52 or ex-warehouse port of entry. (1) For legal successor or representative of any Paprika, fancy Portuguese______42 raw spices or spice seeds sold “ex-ware of the foregoing, and includes the United Pimento, Jamaica (allspice)______27 house,” the cost of actually “putting raw States or any agency thereof, or any Pimento, Mexican______20spices and spice seeds into warehouse” as other government or any of its political' Poppy seed, Indian______10 defined in § 1424.11 (a) (4) may be added subdivisions or any agency of any of the Poppy seed, Turkish. ______36 Rape seed, bird, Argentine______8% by the seller who incurred the cost to the foregoing. Sage, Cyprus______60 maximum prices for such raw spices or (3) “Place of destination” shall mean Sage, Spanish. ______35 spice seeds are determined in this sec the place agreed upon between the buyer Sesame seed hulled (Chinese)______13 tion. (2) The “delivered” price for any and seller at which delivery is completed Sesame seed hulled (Indian)______12 type of raw spices or spice seeds shall by the seller. Thyme, Spanish______25 mean the maximum prices as determined (4) “Putting into warehouse” shall Turmeric, Aleppy______12 under this section plus the actual trans mean and include the following charges: (b) In all cases the above descriptions portation charges from the original port (i) transportation charges from dock to apply to the best quality of each grade of entry or warehouse in the continental warehouse; (ii) handling charges in and and the best grade of each type named. United States to the place of destination: out of warehouse; (iii) warehouse stor The maximum prices for raw spices and Provided, That such transportation age charged for not more than thirty spice seeds specified above imported from charges shall not exceed the cost of days. any other country or for types or grades transporting an equal quantity of raw (5) “Raw spices and spice seeds,” as not named (whether or not imported spices from the same port of entry or used herein, shall mean those spices and from the same country) or for grades of spice seeds in their raw, unprocessed warehouse directly to the place of desti inferior quality or of types of Inferior nation, computed at the lowest available state, set out in § 1424.14 Appendix A, grade not named, shall be determined by of this Maximum Price Regulation No. transportation rate for the mode of applying the customary trade differen transportation employed. 231. tials to the maximum prices for the type (b) Unless the context otherwise re or grade which is most closely related in (g) Any person making sales of spices quires, the definitions set forth in section quality. and spiee seeds except mace and carda 302 of the Emergency Price Gontrol Act (c) The maximum prices for raw moms contained in this schedule in lots of 1942 shall apply to other terms used spices and spice seeds which were shipped of 25 packages or less may add to the herein. * from the country of origin prior to the maximum prices specified in paragraph § 1424.12 Applicability. The provi effective date of this Maximum Price (a) of this section an amount which shall sions of this Maximum Price Regulation Regulation No. 231 shall be those prices not exceed, No. 231 shall be applicable to the forty- set forth in paragraph (a) of this sec 7% % on sales of 5 to 25 packages inclusive. eight states of the United States and the tion and shall include (1) all commis 10% on sales of 1 to 4 packages inclusive. District of Columbia. sions, brokerage and other charges, (2) 20% on sales of less than 1 original package. war risk, marine insurance and ocean § 1424.13 Effective date. This Maxi freight rates in effect on July 24,1942. In the case of sales of mace and carda mum Price Regulation No. 231 (§§ 1424.1 (d) The maximum prices for raw spices mom 10% may be added to the maximum to 1424.14 inclusive) shall become effec and spice seeds shipped from the country prices on sales of only 1 to 4 packages tive October 7, 1942. of origin subsequent to the effective date inclusive. § 1424.14 Appendix A: Maximum of this order shall be the maximum Issued this 1st day of October 1942. prices for raw spices, and spice seeds. prices for such raw spices and spice seeds Leon H enderson, (a) Maximum prices for the best quality set forth in paragraph (a) of this section Administrator. of the various grades and types of spices less the difference between the highest and spice seeds shall be the following commercial rates for war risk insurance [F. R. Doc. 42-9799; Filed, October 1, 1942; prices: in effect July 24,1942, and the War Ship 3:29 p. m.] 7846 FEDERAL REGISTER, Saturday, October 3, 1942 P art 1499—Commodities and S ervices (b) The maximum prices authorized by Sec. [Order 81 Under § 1499.3 (b) of General Maxi this order are subject to discounts, allow 146.29- 24 Permit to load explosives. mum Price Regulation] ances and terms no less favorable than 146.29- 25 Explosives loading detail. those in effect during March 1942. 146.29- 26 Personnel identification. E. I. DU PONT DE NEMOURS & COMPANY, INC. 146.29- 27 Ship’s officer present. (c) This Order No. 57 may be revoked 146.29- 28 Constructing magazines. For the reasons set forth in an opinion or amended by the Price Administrator 146.29- 29 Preparation of magazines, decks issued simultaneously herewith, It is or at any time. hatches and holds for handling dered: (d) This Order No. 57 (§ 1499.907) is military explosives. hereby incorporated as a section of Sup 146.29- 30 Location of magazines and am § 1499.295 Approval of maximum plementary Regulation No. 14 which con munition stowage. prices for Dehydrol-O manufactured by tains modifications of maximum prices 146.29- 31 Types of stowage. E. I. du Pont de Nemours & Company, established by § 1499.2. 146.29- 32 Allocation of stowages. Inc. (a) Maximum prices for the sale (e) This Order No. 57 (§ 1499.907) shall 146.29- 33 Magazine stowage “A”. toy E. I. du Pont de Nemours & Company, become effective October 2, 1942. 146.29- 34 Magazine stowage “B”. Inc. of Wilmington, Delaware, of Dehy 146.29- 35 Ammunition stowage. (Pub. Law 421, 77th Cong.) 146.29- 36 Chemical ammunition stowage. drol-O manufactured by that company 146.29- 37 Pyrotechnic stowage. shall be: Issued this 1st day of October 1942. J46.29-38 Detonator stowage. 601 per gallon for sales in tank carloads, 146.29- 39 Magazine, Type A. Leon H enderson, t. o. b. works 146.29- 40 Specifications Type A magazine. 660 per gallon for sales in drums, f. o. b. Administrator. 146.29- 41 Specifications Type B magazine. works [F. R. Doc. 42-9801; Filed, October 1, 1942; 146.29- 42 Ammunition stowage. 3:28 p. m.] 146.29- 43 Chemical ammunition stowage. (b) All allowances, discounts and trade 146.29- 44 Pyrotechnic stowage. practices in effect during March, 1942 on, 146.29- 45 Detonator stowage. the sale by this company of other dé 146.29- 46 Portable magazine. naturants shall apply to the maximum 146.29- 47 Bomb-fin assemblies and fuzes. prices set forth in paragraph (a). TITLE 46—SHIPPING 146.29- 48 Ventilation of magazines. (c) This Order No. 81 may be revoked 146.29- 49 Authority to load; loading facili Chapter II—Coast Guard: Inspection and ties and use. or amended by the Price Administrator Navigation 146.29- 50 Statements of characteristic prop at any time. erties and hazards. Subchapter N—Explosives or Other Dangerous Ar (d) This Order No. 81 (§ 1499.295) shall ticles or Substances, and Combustible Liquids on 146.29- 75 Stowage chart' become effective October 2, 1942. Board Vessels 146.29- 100 Military ammunition and explo sives in bulk. (Pub. L^,w 421, 77th Cong.) P art 146—T ransportation or S torage of E xplosives or O ther D angerous Arti Au th o rity : §§ 146.29-1 to 146.23-50, inclu Issued this 1st day of October 1942. sive; § 146.29-75 and § 146.29-100 issued un cles or S ubstances, and Combustible der R.S. 4472, as amended, 46 U.S.C., 1940 ed., Leon H enderson, Liquids on B oard Vessels. 170; E.O. 9083, February 28, 1942, 7 F.R. 1609. Administrator. TRANSPORTATION OF MILITARY EXPLOSIVES § 146.29-1 Existing regulations inap [F. R. Doc. 42-9800; Filed, October 1, 1942; ON BOARD VESSELS DURING THE PRESENT plicable. Section 146.02-21, § 146.03-3, 3:31 p. m.] EMERGENCY § 146.06-9, §§ 146.09-1 to 146.09-6, inclu Part 146 of Subchapter N is amended sive; §§ 146.20-7 to 146.20-25, inclusive; by the addition of the following new sec §§ 146.20-50 and 146.20-100, of the regu lations in this part, are hereby declared P art 1499—Commodities and S ervices tions to follow immediately after § 146.28 and to read as follows: inapplicable to the transportation of mil [Order 57 Under § 1499.18 (c) of General itary explosives. Maximum Price Regulation—Docket GF3- Sec. 131] 146.29- 1Existing regulations inapplicable. § 146.29-2 Scope. The provisions of the regulations contained in §§ 146.29-1 J . W . BURNS LEATHER COMPANY, INC. 146.29- 2 Scope. 146.29- 3 Effective date. to 146.29-50, inclusive, §§ 146.29-75 and For the reasons set forth in an opinion 146.29- 4 Port security regulations. . 146.29- 100, apply to the transportation issued simultaneously herewith, It is 146.29- 5 Definitions. of military explosives, as cargo, on board ordered: 146.29- 6 Packing and marking. « all vessels that are subject to the regu 146.29- 7Stowage on board vessels. lations in this part. Commercial ship § 1499.907 Adjustment of maximum 146.29- 8 Stowage of ammunition or ex ments of explosives shall be tendered and price of J. W. Burns Leather Company, plosives in bulk in holds con taining coal. transported in compliance with the ap Inc. for certain inner parts manufac plicable provisions of the regulations tured for Roth, Rauh & Heckel, Inc., 146.29- 9 On deck stowage. Ripley, Ohio, (a) The J. W. Burns 146.29- 10Stowage adjacent to other dan contained in the other sections in this gerous articles. part. Leather Company, Inc., 175 Lincoln 146.29- 11Stowage with nondangerous cargo Street, Manchester, New Hampshire, may in fhe same hold. § 146.29-3 Effective date. Under the sell and deliver to Roth, Rauh & Heckel, 146.29- 12Stowage and dunnaging of ammu provisions of subsection (9) of R.S. 4472, Inc., Ripley, Ohio, and Roth Rauh & nition and containers of ex as amended, the regulations contained in Heckel, Inc. may buy and receive from plosives in bulk. §§ 146.29-1 to 146.29-50, inclusive, the J. W. Burns Leather Company, Inc. 146.29- 13Cargo working equipment. §§ 146.29-75 and 146.29-100; are effec certain inner parts used in the manufac 146.29- 14Lights, tools and equipment. tive immediately and shall remain in ef ture of women’s shoes at prices no higher 146.29- 15Fires and fire protection. fect for the duration of the war and for than the prices listed below: 146.29- 16 Smoking. six months thereafter, except as subse 146.29- 17Liquor or drugs. quently modified or rescinded. Per 100 146.29- 18Handling and slinging of ex pairs plosives. § 146.29-4 Port security regulations. Class A chrome quarter linings______$12.50 146.29- 19 Loading military explosives and The applicable provisions of the regula Class B chrome quarter linings______11.40 other cargo simultaneously. tions entitled “Regulations for Security Class A sheep quarter linings______11.17 146.29- 20 Fire hose. Class B sheep quartet linings______10.26 146.29- 21 Damaged or leaking containers of of Ports and the Control of Vessels in the Tongue linings—______.____ 2.00 explosives. Territorial Waters of the United States” Imitation sock linings______8.15 146.29- 22 Defective ammunition. (33 CFR, Part 6), shall unless specifically Heel plugs______2.45 146.29- 23 Recoopering damaged packages. authorized to the contrary by any pro- FEDERAL REGISTER, Saturday, October 3, 1942 7847 vision of these sections be complied with (b) Barges engaged in the transfer of or explosives in bulk that are stowed in by vessels, masters, agents, or charterers explosives between receiving points and the same hold with nondangerous cargo thereof and by all persons engaged in delivery points within the harbors, bays, shall be protected from damage likely to handling, loading, stowing or unloading sounds, lakes and rivers including the be caused by heavy nondangerous cargo. explosives. explosive anchorages on the navigable Shafting, steel bar, steel shapes, pipe, waters, shall conform to the applicable heavy machinery, military vehicles (un § 146.29-5 Definitions, (a) For the provision^ of §§ 146.10-1 to 146.10-50, in crated) , and similar types of cargo shall, purposes of the regulations in this part, clusive, of the regulations in this part. when stowed within the same hold be so military explosives are defined as follows: Ammunition or explosives in bulk, in isolated or dunnaged or secured as to pre (b) Military explosives. Military ex combustible outside packages, stowed vent damage to ampiunition or explo plosives consist of all Class A, B, or C “On deck in open” shall after loading and sives in bulk or magazines containing explosives shipped by, for or to the U. S. during transportation be covered by tar said substances, or temporary bulkheads Navy or War Departments; or similar paulins securely lashed in place. protecting explosive stowages, under any types of explosives shipped by, for or to § 146.29-8 Stowage of ammunition or conditions likely to be encountered dur the government of any country whose de ing the voyage. fense is deemed vital to the defense of explosives in bulk in holds containing the United States. These explosives are coal. Unless especially authorized, am § 146.29-12 Stowage and dunnaging divided into two classes as follows: munition or explosives in bulk shall not of ammunition and containers of explo (1) Ammunition. Ammunition con be stowed in a hold containing coal, nor sives in bulk, (a) Ammunition and the sists of all types of shells, projectiles, in a hold above or adjacent to one con containers of ammunition or explosives grenades, bombs, mines, torpedoes, tor taining coal. in bulk shall be so stowed and dunnaged pedo warheads, propellant powder § 146.29-9 On deck stowage, (a) as to prevent movement in any direction. charges, pyrotechnics, chemical, smoke Articles classified as ammunition or ex (b) Containers of ammunition or ex or incendiary ammunition, or other de plosives in bulk, the stowage of which is plosives in bulk marked “This Side Up” vices containing explosives that are permitted “On deck” by the regulations shall be so stowed. utilized"by the armed forces in the prose in this section shall be properly secured. (c) Kegs of black powder shall be cution of the war. Such security may be obtained by using stowed in an upright position, the bungs (2) Explosives in bulk. Explosives in existing vessel’s structures such as bul or other opening up, and each tier shall bulk consist of any high explosives, black warks, hatch coamings, shelter deck and be completely dunnaged. powder, and low explosives or smokeless poop bulkheads as part boundaries and (d) Metal containers of smokeless powder in accordance with the definitions effectively closing in the cargo by fitting powder in bulk having closure means in §§ 146.20-1, 146.20-2, and 146.20-3 in angle bar closing means secured by bolt whicn protrude beyond the chime or the this part, when such substances are ing to clips or other parts of the ship’s surface of the container shall be so dun shipped in containers other than con structure. Lashing of deck stowage per naged as to prevent damage occurring to tainers such as shells, bombs, grenades, mitted, provided eye pads are fitted to such closures. mines, torpedoes, powder bags in indi carry such lashings. Guard rails shall (e) The uppermost tier of ammunition vidual containers, cartridges, fuzes, det not be used to'secure such lashings. or containers of ammunition or explo onators, caps, primers and similar “made (b) Bulky articles may be secured by sives in bulk shall be so braced and up” ammunition devices. lashing with individual wire rope lash blocked that no displacement can occur either upwardly or laterally. § 146.29-6 Packing and marking. ings. (c) Shoring of such bulky articles of (f) Containers qf ammunition or ex Military explosives shall not be offered cargo shall be in addition to the fore plosives in bulk shall be so stowed that to vessels or accepted by vessels subject going means of securing. they shall not be liable to be pierced by to the regulations in this part unless (d) Ammunition or explosives in bulk the dunnaging or crushed by superim they are in proper condition for trans stowed “On deck” shall not be stowed posed weight. portation and are packed, marked, la within a distance of 50 feet of the top (g) Containers of ammunition or ex beled, described, certified and otherwise side terminus of an ash hoist or a galley plosives in bulk shall not be “cant” acceptable in accordance with the ap or any airing spaces allotted for the use stowed, such shall be stowed in full bear plicable provisions of the regulations in of the crew. ing. Broken stowage shall be dunnaged this part. out with cord wood to provide bearing for § 146.29-10 Stowage adjacent to other the container to be added in the tier next § 146.29-7 Stowage on board vessels. dangerous articles, (a) Ammunition or above. (a) All articles of cargo classified as explosives in bulk shall not be stowed in (h) Fixed or semi-fixed ammunition in military explosives by the regulations in the same holds in which inflammable liquids, inflammable solids, or oxidizing fiber containers, crated or uncrated, may these sections shall be stowed on board materials or inflammable compressed be stowed on its base or on its side. a vessel in conformity with the provisions gases are stowed, nor in holds below such Dunnaging shall be accomplished in such of the regulations in these sections. substances when the same are stow’ed “On manner as to bear only upon the metal Mixed stowage of ammunition or explo deck” nor in holds adjacent to those in part of the container. No dunnage or sives in bulk with other ammunition or which such substances are stowed. weight shall bear directly upon the fiber explosives, or other dangerous articles or (b) Ammunition or explosives in bulk portion of the container. substances, or combustible liquids or haz shall not be stowed in the same hold (j) Propellant powder charges in un- ardous articles shall be in conformity with with combustible liquids or hazardous crated containers shall be stowed on end. the provisions of the loading and stowage articles. Dunnaging shall be acocmplished in such chart, § 146.29-75 and other applicable (c) Ammunition or explosives in bulk manner as to bear only upon the metal specific provisions of these sections. shall not be stowed in the same^ hold part of the container. No dunnage or Specifications governing construction nor in a hold below one in which corro weight shall bear directly upon the fiber and location of magazines and lockers sive (white label) liquids are stowed, nor and the ,preparation of cargo compart portion of the container. Overstowage in a hold below such substances when with other containers of propellant ments to be used in the stowage of am the same are stowed “On deck”. munition or explosives in bulk are de charges is permitted not to exceed a tailed in §§ 146.29-28 to 146.29-48, § 146.29-11 Stowage with nondanger- total of three tiers including the base tier. inclusive. . ous cargo in the same hold. Ammunition Each tier shall be floored off. No. 195— 4 7848 FEDERAL REGISTER, Saturday, October 3, 19M2 (k) Separate loading shells that are be brought onto a vessel unless such permitted by the regulations in this sec not boxed or crated may be stowed on have been examined and passed by the tion! a specification chute and mattress their bases or on their sides. Coast Guard detail. Lunches shall not mat be used. (See § 146.09-11 and (l) When tween deck holds of cargo be eaten in a hold of a vessel. § 1|6.09-12, Specification of chute and vessels are utilized for the stowage of (d) Persons engaged in loading explo mattress.) A chute shall not be used military explosives, the quantity of such sives shall not wear boots or shoes shod when the difference in elevation between military explosives stowed in a hold shall or strengthened with nails or other thi two vessels or between a vessel and not be in excess of 45 pounds per square metal unless such boots or shoes are the loading dock would result in impart- foot of deck space for each foot of tween covered with a nonsparking material. ink dangerous shocks to the packages by deck height, i. e. a tween deck hold hav raason of the angle of elevation. When ing a deck height of 10 feet is permitted § 146.29-15 Fires qnd fire protection. loading or unloading by mechanical to load up to 450 pounds per square foot (a) No unnecessary fire, shall be per nleans, all ammunition or explosives in of deck area. mitted on docks, lighters or vessels while bulk shall be handled in the type equip loading or unloading military explosives. ment as specified for the various classes § 146.29-13 Cargo working equipment. (b) Fires deemed hecessary must be af explosives in the tables, § 146.29-100. (a) Before military explosives are loaded properly safeguarded and be in, constant The maximum load handled in trays or or unloaded on or from a vessel the charge of some combetent person as rope net slings per draft shall not exceed master or other person in charge of the signed for that purposp by the master or 2,400 pounds. Containers of explosives vessel is required to ascertain by exami person in charge of tfie vessel, for the ¡shall be arranged on trays so that no nation the condition and working order entire period of cargo pansier. portion of any container overhangs the of all slings, crates, baskets, boxes, (c) Barges, lighter! towboats and iray. For trays provided with sideboards, chutes, mattresses, tackle and other other types of vessels enfeaged in the han 'packages of explosives shall not extend equipment to be used in the transfer dling and transfer of military explosives, above the sideboard of the crate except operation. and equipped with means for heating, packages standing on end may extend (b) Any and all equipment which in cooking, lighting or power involving use above such sideboard, provided the ex the judgment of the master or other of smoke pipes 'shall h|ve such smoke tension does not exceed one-third of the person in charge of the vessel is not in pipes protected by sparklscreens. Inso length of the package. Rope net slings safe working condition shall be rejected far as practicable such larges, lighters, shall be so loaded that when lifted a mini and he shall prohibit its use and take towboats and other typeslof vessels shall mum displacement of packages shall oc such precautions as he may deem neces not come alongside a vessel loading or cur and the sling shall completely con sary to be certain such rejected equip discharging military explosives opposite tain the entire load. Explosives shall be ment is not used for the purpose of load the area where hatches' are open to re hoisted and lowered carefully onto a mat ing or unloading explosives. The master ceive cargo. (See § 146.29v(f)). tress. Ammunition in fiberboard con or other person in charge of the vessel (d) Welding or cutting operations, in tainers shall not be slung in rope nets. shall keep watch of all equipment used volving the use of open flame or arc shall Handles or beckets on ammunition pack during the transfer of explosives and if not be undertaken on a vessel having ex- ages shall not be used for slinging pur any part of the equipment shows any plosives.on board except upon special per poses. defect or is damaged in use, work shall mission of the captain of the port. (c) Blasting caps, detonating fuzes be stopped and the damaged or defective § 146.29-16 Smoking. Smoking is fulminate of mercury and other initiating equipment repaired or replaced before or priming explosives as defined in the permitting the loading or unloading to prohibited on or near any vessel loading regulations in this part shall be consid continue. or unloading explosives. “No Smoking” ered as constituting a distinct class of (c) This inspection of cargo working warning signs shall be posted during op dangerous explosives, and because of the equipment shall apply to the vessel’s erations of loading and unloading such hazard involved they shall be handled equipment and to stevedores or other cargo. One such “No Smoking” sign shall with extreme care (See Class VIII, contractor’s equipment. be located on the pier at a safe distance from the vessel when such loading or un § 146.29-100). § 146.29-14 Lights, tools and equip loading is taking place at a pier. (d) “Cant” or barrel hooks shall not ment. (a) No artificial light except elec . be used for raising or lowering a barrel, tric lights or electric lamps or flood § 146.29-17 Liquor or drugs. No per drum or other container of military ex lights shall be used while loading or un son who, in the judgment of the master, plosives. Metal bale hooks shall not be loading military explosives. Such light person in charge of the vessel or the offi used in handling packages of such ex fixtures shall not be used unless protected cer in charge of the Coast Guard detail, plosives. against accidental breakage by metal may be considered as being under the in fluence of liquor or of drugs shall be per § 146.29-19 Loading military explo guards. Portable electric lights shall be sives and other cargo simultaneously. fitted with stout guards protecting the mitted on board a vessel while operations (a) Ammunition or explosives in bulk bulb. Wire of such lights shall be sound involving the loading, stowage, unloading shall not be loaded in the same hatch and show no evidence of liability to short or transportation of explosives are being carried on. at the same time as other cargo is being Circuit. worked in any of the holds serviced (b) Flashlights of a non-spark type § 146.29-18 Handling and slinging of ■ through said hatch. shall be provided by the vessel owner or explosives, (a) All ammunition and ex (b) When explosives in bulk are stowed operator for persons required to enter plosives in bulk must be handled care in a hold below one in which other cargo holds in which explosives are stowed. fully. They shall not be thrown, dropped, is being worked, the tween deck hatch (c) Members of the crew of the ves rolled, dragged, or slid over each other or dividing the two holds will have all of sel and other persons permitted on board over the decks. The provisions of the its covers securely in place. the vessel to aid and assist in loading table in § 146.29-100 with reference to (c) Ammunition or explosives in bulk or unloading military explosives, shall handling shall be observed. may be loaded in a hold before or after not be permitted to have or carry on (b) In transferring ammunition or ex other cargo, provided that all precau their persons, firearms, matches, knives, plosives in bulk from a pier or another tions are taken to assure full protection bale hooks, metallic tools or personal vessel to the receiving vessel, or from a to the explosives against the hazard of packages of any description. Lunch vessel to a pier, the packages may be han articles being dropped from the sling. boxes, pails, or thermos bottles shall not dled by hand, mechanical hoist or where When possible tween deck hatches should FEDERAL REGISTER, Saturday, October 3, 1942 7849 be partially covered to assure such pro accept on board a vessel any military ex lations in this part, insofar as such pro tection. plosives, as cargo, until a permit author visions apply to the vessel, are complied (d) Padeyes, anglebars or other devicesizing such loading has been granted by with. for securing deck cargo shall not be the captain of the port. (b) It shall be this officer’s further re welded to the deck of a vessel in which § 146.29-25 Explosives loading detail. sponsibility at the end of the work shift military explosives are stowed except (a) There will be assigned to every vessel, to see that all means of access to the par upon special permission of the captain subject to the regulations in this part, tially loaded holds are closed off in such of the port and then only in the presence loading or discharging military explosives a manner as to provide the maximum of an officer of the Coast Guard detail at an explosives anchorage, explosives safety and, protection for the explosives and in conformity with said officer’s in loading pier or an ammunition loading stowed within the hold. structions. pier, a Coast Guard detail to supervise § 146.29-28 Constructing magazines. § 146.29-20 Fire hose. During the such loading or discharge.. The owners, All work in connection with the con loading of military explosives the vessel agents, charterers, master or person in structing of a magazine, or other con shall “run out” at least two lines of hose charge of the vessel and all persons en ditioning of holds, decks, or hatches shall on the weather deck with nozzles adja gaged in the handling, loading and stow be completed before the actual loading of cent to the hatch (insofar as possible age of the military explosives shall obey ammunition of bulk explosives is under one line shall be to starboard and all orders, oral or written, that are given taken. one-to port or one forward and one aft by the person in charge of said detail. § 146.29-29 Preparation of magazines, of the hatch). Sufficient hose shall be (b) A vessel, subject to the regulations decks, hatches and holds for handling led out adjacent to the hatch to permit in this part, loading or discharging mili military explosives, (a) The floors of all ready lowering of the hose into the hold. tary explosives at a Navy, or Army depot, magazines and holds shall be cleared of The fire line valve shall remain “cracked arsenal, navy yard, port of embarkation, all rubbish, discarded dunnage and be open” (except in freezing weather) so or other facility under the direct control swept broom clean before commencing casual observation may indicate water is and operation of the Navy or Army shall to load any ammunition or explosives available. apply to the captain of the port for a per in bulk. Bilges shall be examined and § 146.29-21 Damaged or leaking con mit for such loading. A Coast Guard de any residue of previous cargo removed tainers of explosives, (a) Any container tail will be assigned to such a vessel unless therefrom. of explosives showing evidence of dam the commanding officer of such Navy or (b) All decks, gangways, and hatches age or leaking of a liquid ingredient shall Army facility declines the detail. over or through which ammunition or not be accepted for transportation or § 146.29-26 Personnel identification. explosives in bulk must be passed or storage on board any vessel. (a) The provisions of this section shall handled in loading or unloading, shall be (b) An* container of an explosive apply to vessels loading or discharging freed of all loose material and shall be when offered for transportation or stor military explosives in accordance with swept broom clean both before and after age, showing excessive dampness or the provisions of § 146.29-25 (a). loading or unloading. which is moldy or shows outward signs (b) No person shall enter upon a ves (c) The hatches or cargo ports opening^ of any oil stain or other indications that sel loading or unloading military explo into a compartment in which ammupj*'**’^ absorption of the liquid part of the explo sives unless such person first identifies tion or explosives in bulk are sfctfwed sive is not perfect, or that the amount of himself to the satisfaction of the Coast shall be kept closed at all times /during the liquid part of the explosive is greater Guard detail. loading and unloading of the compart than the absorbent can carry, shall not (c) Every person that is permitted to ment. When closed, wooden hatch covers be accepted for transportation. The enter into a magazine or a hold or com shall be covered with tarpaulins. shipper must substantiate any claim that partment of a vessel wherein military (d) No debris of any description shall a stain is due to accidental contact with explosives are being handled or stowed be permitted to stand on the weather grease, oil or similar substance. In case shall provide the Coast Guard represen deck adjacent to a cargo hatch in which of doubt the container shall be refused. tative with his nairie and address and the ammunition or explosives in bulk are name and address of the firm employing being worked. § 146.29-22 Defective , ammunition. him, furnishing satisfactory identifica Ammunition found to be defective while (e) Hatch covers shall, where possible, tion to substantiate such information. be stowed on the opposite side of the being unloaded from a barge, freight car, (d) A person who, for any reason, is or other vehicle, shall not be placed on hatch from that over which the ammu requested to leave a vessel loading or dis nition or explosives in bulk are being board a vessel. If found to be defective charging military explosives by the per while on board the vessel, it shall, if at all worked. If this is impossible the hatch possible, be removed from the vessel to an son in charge of the Coast Guard detail covers that are stowed on the working isolated location as quickly as possible. shall immediately obey the request and side shall be so stowed as to form as level not return until permission is granted. a platform as possible. § 146.29-23 Recoopering damaged § 146.29-27 Ship’s officer present. (f) During the time a hatch is open packages. Defective packages shall not (a) During the entire operation involv and military explosives are being worked be recoopered in the hold of a vessel. ing the building of a magazine, the prep or stowed, the vessel shall display two red Such packages shall not be recoopered aration of holds, and the actual handling flags from the rails or bulwarks on each elsewhere on board the vessel except upon and stowage of military explosives, it side of the vessel to indicate explosives and under conditions authorized by the shall be the responsibility of the master are being loaded and the hatches are captain of the port. of the vessel to assign a deck officer of the open. The vessel’s officer on duty super § 146.29-24 Permit to load explosives. vessel who shall be in constant attend vising the loading of explosives shall The owners, charterers, agents or master ance. It shall be this officer’s responsibil warn the masters of other vessels com of a vessel or other person shall not ity to see that the provisions of the regu- ing alongside and the operator of any 7850 FEDERAL REGISTER, Saturday, October 3, 1942 dock equipment (capable of producing immediately below or adjacent to crew age shall be stowed in accordance with sparks) to stay clear of the area between accommodatipns. the specifications for such stowage as the flags insofar as is practicable. The (b) When it is necessary to construct set forth in § 146.29-42. flags shall be not less than 4 square feet a magazine or to stow ammunition adja § 146.29-36 Chemical ammunition in area and mounted horizontally at least cent to engine or boiler room bulkheads, stowage. Chemical ammunition shall be two feet clear of the ship’s side, and uptakes, casings or galley or coal bunker stowed in accordance with the specifica spaced at least ten feet forward and ten bulkheads, the following provisions shall tions for such stowage as set forth in feet aft of the open hatch or hatches. be complied with: § 146.29-43. § 146.29-37 Pyrotechnic stowage. Py § 146.29-30 Location of magazines and (1) A tight woode» bulkhead shall be ammunition stowage, (a) A cool loca constructed at least one foot off the en rotechnic ammunition shall be stowed tion being an important factor, maga gine room, boiler room, galley or coal in accordance with the specifications for zines shall be built and ammunition bunker bulkheads or the engine or boiler such stowage as set forth in § 146.29-44. stowed in an authorized location in ac- room uptakes or casings. § 146.29-38 Detonator stowage. Det cordaace with the following factors in (2) Construction shall be of commer onators, primers, fuzes, blasting caps and the order listed. cial 2" boarding secured on 4" x 6" up similar types of ammunition devices shall (1) A tween deck hold, preferably a rights if constructed in a tween or shel be stowed in accordance with the specifi lower tween deck. ter deck or 6" x 6" uprights if con cations for such stowage as set forth in (2) A lower hold. structed in a lower hold. Spacing of up § 146.29-45. (3) In the square of a hatch. If in rights shall not exceed 30" in a tween deck or 24" in a lower hold. Horizontal § 146.29-39 Magazine, Type A. (a) the square of a weather deck hatch, The following regulations shall be ob having wooden hatch covers, a steel plate bracing shall be fitted between temporary and permanent bulkheads. served in the construction of a magazine of not less than 5 pounds weight per required for “Magazine A” type of stow square foot, or other approved protection (3) Temporary bulkheads shall be con structed with smooth side facing the age. adequately secured in place, shall be (b) A type “A” magazine shall be lo fitted over the top side of the wooden stowage of the ammunition. hatch covers. (4) Nails shall be set below the sur cated in the vessel in conformity with face of the boarding. the provisions of § 146.29-30. (4) A shelter deck in a location as (c) A type “A” magazine shall be so far removed from uptakes or engine cas (c) A magazine shall not be con structed in bearing with the forward col positioned that the door to such maga ing as possible. zine is easily accessible from a hatch (5) A forecastle, poop or permanent lision bulkhead. deck house provided the space is venti (d) Stowage provided for ammunition way. lated and does not contain any “In use” and explosives in bulk shall be dry and (d) A type “A” magazine may be con crew accommodations, nor vessel stores' should be well ventilated. Ventilator structed of wood, using clean undressed heads fitted to systems leading into lumber. Sizes as given in the specifica and can be closed off from traffic while tions are minimum. Increased sizes may at sea. spaces in which military explosives are (6) Insulated spaces normally com stowed shall be covered with two layers of be used if desired. Nails used for fas wire screen of not less than 20 x 20 mesh. tening lumber shall be copper, cement- prising refrigerator spaces may be used coated or galvanized. Copper nails shall for the stowage of all classes of ammu § 146.29-31 Types of stowage. The be driven flush, cement-coated and gal nition or bulk explosives, except chem types of stowage prescribed for military vanized nails shall be set below the sur ical ammunition, provided all regula explosives are described as follows: ~ tions relative to stowage of explosives face of the lumber. Magazine stowage “A.” (e) When a Class A magazine meas with other dangerous articTes of cargo Magazine stowage "B.” ures more than 40' in any direction, a are observed and the spaces may be ven Ammunition stowage. division bulkhead shall be fitted within tilated sufficient to provide a tempera Chemical ammunition stowage. the magazine as near half length as prac ture consistent with the temperature of Pyrotechnic stowage. ticable, extending from the deck to at other holds of the vessel. When such Detonator stowage. Bomb fin stowage. least the top of the stowage. Such di spaces are fully ceiled the entire com vision’ bulkhead shall be constructed to partment will be considered as a maga § 146.29-32 Allocation of stowages. the same scantlings as the sides of the zine, however, any pipes within the com Ammunition or explosives in bulk that magazine, except the boarding may be partment shall be protected by horizontal are tendered to a vessel for transporta spaced not more than 6" apart alter cargo battens of a size not less than tion, as cargo, shall be stowed on board nately on both sides of the uprights. commercial 2" x 4", spaced not more the vessel utilizing the type of stowage This bulkhead shall be constructed be than 12" apart, center to center and authorized for the particular ammuni fore loading commences and care shall secured to 4"x6" uprights spaced not tion or explosives in bulk by the provi be exercised that nail points do not pro more than 36" apart. Refrigerator sions of the tables in § 146.29-100. spaces, the floors of which are lined with trude beyond the surface of the boarding. lead, "shall not be used as a stowage for § 146.29-33 Magazine stowage “A.” § 146.29-40 Specifications Type A picric acid in bulk. Explosives or ammunition in'bulk requir magazine, (a) Magazines may be con (7) Explosives in bulk and Classes ing Magazine stowage “A” shall be stowed structed of steel or wood. VIII, X and XI ammunition shall not in a magazine constructed in accordance (b) Magazines constructed of steel be stowed immediately below the princi with specifications for Type “A” magazine shall have the whole of the interior thor pal bridge. At least one compartment of shown in § 146.29-40. oughly protected by wood dunnage of a normal deck height shall intervene be minimum thickness of %". This lining § 146.29-34 Magazine stowage “B.” may be installed during the progress of tween the bridge and the stowage of Explosives or ammunition in bulk requir such explosives in bulk. the stowage. Metal stanchions within ing Magazine stowage “B” shall be stowed the magazine shall be boxed with wood of (8) Explosives in bulk shall not be in a magazine constructed in accordance stowed in a compartment immediately a thickness of not less than %". Bulk with specifications for Type “B” magazine head stiffeners or other structural mem below or adjacent to crew accommoda shown in § 146.29-41. tions. bers extending into the stowage space (9) Classes VIII, X, or XI ammunition § 146.29-35. Ammunition stowage. shall not be protected by dunnaging but shall not be stowed in a compartment Ammunition requiring ammunition stow shall be completely boarded over. When FEDERAL REGISTER, Saturday, October 3, 1942 7851 bare steel decks or tank tops are utilized such deck beams and coaming sheathed the compartment or hold to completely to form the floor of a magazine, a wooden with wood in a manner similar to that divide and protect the stowage of ammu floor consisting of àt least two layers of required for metal stanchions, posts or nition or explosives in bulk and the stow commercial 1" thick dunnaging shall be other obstructions by the provisions of age of the nondangerous general cargo. laid, the top course being laid crosswise paragraph (c) of this section. The scantlings and construction of such to the lower course. When steel decks (f) The door of the magazine shall temporary bulkheads shall be as follows: or tank tops are originally fitted with a be of substantial construction fitted rea For tween deck compartments or holds, wood flooring or are celled, it shall only sonably tight into its jamb. The door construction shall be of commercial 2" be necessary to fit one course of dunnage. may be secured in place by the use of ex boarding, secured on 4" x 6" uprights All flooring formed by these methods terior battens and wedges. spaced not to exceed 30" center to cen shall be laid with commercial 1" lumber ter. For lower holds construction shall of widths not less than 6", fitted as close § 146.29-41 Specifications Type B be of commercial 2" boarding secured on as possible, edge to edge, and butt to butt. magazine, (a) This type of magazine is 6" x 6" uprights spaced not more than (c) Magazines constructed of wood for the stowage of ammunition or ex 24" center to center. Random widths shall comply with the following specifica plosives in bulk designated as requiring of boarding may be used. The boarding tions: The bulkheads forming the sides magazine stowage “B” by the provisions will be applied close fitted, edge to edge and ends shall be constructed of com of the tables. (§ 146.29-100.) and butt to butt to form a smooth sur mercial 1" lumber, or of %" tongue and (bj When an entire compartment or face facing the explosive stowage. If groove sheathing, secured to uprights of hold is utilized for the stowage of ex copper nails are used they shall be driven at least a 3" x4" size, spaced not more plosives that are required by the regula flush with the surface of the wood. Other than 18" apart and secured, at top, bot tions in this part to be given magazine types of nails shall be set below the sur tom and center with horizontal bracing. stowage “B”, the entire compartment face of the wood. Frames, beams, gir When a magazine is constructed as a per may be considered as a magazine. The ders, webs or stanchions within the area manent compartment in the vessel, in •frames and bulkhead stiffeners protrud used for the stowage of explosives shall creased size and finish of lumber and ing into the compartment shall be effec be boarded over. The uprights forming other methods of fastening may^be used tively boarded over to provide a .smooth the frame of the terfiporary bulkhead provided such fastenings are recessed be surface for the stowage of the explosives. shall, on the general cargo side, be fitted low the surface of the boarding to avoid This boarding need not be applied to the with cargo battens of a commercial projections within the interior of the overdeck beams when the explosives are 2" x 4" size spaced 12" center to center magazine. All boarding shall be fitted not stowed closer than 12 inches of such to a height equal to the height of the and finished so as to form a smooth sur beams. If explosives are stowed up to the general cargo stowed within the hold. face within the interior of the magazine,. overdeck beams and into the square of One or more doors, of substantial con Construction shall be such as to separate the hatch formed by the coaming, such struction fitted reasonably tight, shall be all containers of explosives from contact overdeck beams including the hatch built into this bulkhead. The door may with metal surfaces of the structure of coaming shall be effectively hoarded over. be secured in place by the use of exterior the vessel. When a metal stanchion, The installation of such boarding shall battens and wedges. post or other obstruction is located with be in accordance with the. specifications for the construction of a Type “A” maga § 146.29-42 Ammunition stowage. in the interior area of the magazine, such" Ammunition that is authorized to be obstruction must be completely covered zine, except, when cargo battens are fitted to the vessel’s frames or bulkhead given ammunition stowage by the provi with wood of a thickness of at least %", sions of the tables (§ 146.29-100), shall be secured in place with nails or screws. stiffeners, such boarding may be secured When screws are used for fastening, the vertically using the battens as an an stowed in a location selected in accord screw heads shall be countersunk below chorage for the necessary securing ance with the procedure as set forth in means, and may be spaced not more than § 146.29-30. Dunnage flooring shall be the surface of the wood. When non- laid over metal decks or tank tops. Dun dangerous cargo is to be stowed adjacent 6" apart. Permanent bulkheads forming to the exterior of the magazine, wooden a boundary of the compartment or hold naging shall be fitted to insure that no cargo battens of not less than commercial that dp not carry stiffeners or other packages or articles of ammunition di 2"x4" size, spaced not less than 12", structural projections greater than those rectly contact metal parts of the vessel. center to center shall be fitted horizon formed by plate laps or bounding angles, Tiers of ammunition will be floored off on the side facing the explosives’ stow with wood dunnage as required. Ammu tally to the uprights forming the frame nition shall not be overstowed unless such of the magazine. The floor of the maga age, need not be sheathed with wood but overstowing is permitted by the provisions zine shall conform to the provisions of in lieu thereof dunnaging, consisting of paragraph (b) of this section. commercial 1" boards may be laid ver of the regulations in these sections. (d) Uprights shall not be stepped di tically against such bulkhead as the stow § 146.29-43 Chemical ammunition rectly onto a metal deck. A 2" x 4" age of the explosives progresses. This stowage. Chemical ammunition, Class bearer to carry the uprights shall be laid boarding shall be laid edge to edge. Deep XT, shall be stowed in a deep tank or No. upon the metal deck. A 2" x 4" header frames, girders or webs extending in 1 lower hold. When stowed in a deep tank shall be fitted against the underside of an board of the line formed by the cargo pump suctions shall be effectively sealed overhead deck to receive the tops of up battens or dunnaging shall be sheathed off to prevent the escape of any leakage rights. Tops of uprights fitted against with wood. which may take place. When stowed in channel beams may be wedged direct'to (c) When part of a compartment or No. 1 lower hold the hatch covers, ven the beam with 2" x 4" spacers fitted hold is utilized for the stowage of ammu tilators and pump suction shall be ef between. Care shall be taken in secur nition or explosives in bulk that are re fectively sealed off to prevent the escape ing upright framing that no nails pene of any leakage which may take place. quired to be given magazine stowage “B”, Before entering a deep tank or a No. .1 trate to the interior of the magazine. the remaining portion of the compart lower hold containing chemical ammuni (e) A magazine constructed in ac ment or hold may be utilized for the tion the air inside the compartment must cordance with the provisions of para stowage of general cargo, provided no be tested by competent personnel to as graphs (b) or (c) of this section, in which article of such general cargo is described certain if leakage has taken place. If it is proposed to stow containers of ex by the regulations in this part as danger leakage has occurred the operation of plosives within 12" J of the overdeck ous, and provided further that a tempo removing the explosives shall be con beams, or hatch coaming, shall have rary wooden bulkhead is constructed in ducted by skilled personnel, preferably 7852 FEDERAL REGISTER, Saturday, October 3, 1942 representatives of the Chemical Warfare (2) Without a permanent steel deck or “Inflammable—Keep Lights and Fire Service. When the quantity of chemical bulkhead intervening, the separation Away” . ammunition to be stowed on board the shall not be less than 40 feet in any plane. § 146.29-47 Bomb-fin assemblies and vessel does not justify the use of a deep (g) When a portable magazine is used fuzes, (a) The stowage of bomb-fin tank or No. 1 lower hold, a suitable tween for detonator stowage, such magazine assemblies (Bomb tail assemblies) shall deck space shall be selected and the am may be stowed in the square of a weather be as follows: munition stowed in a portable magazine deck hatch, provided the hatch covers especially constructed to prevent any are of steel, or if of wood, they are cov (b) Bomb-fin assemblies uncrated, leakage from the ammunition escaping ered with a steel plate of not less than crated, boxed or in metal containers outside of the magazine. The magazine 5 pounds weight per square foot, or without the bomb fuze being included in shall be located at least 8' from the ship’s other approved protection, and ade the packing constitute an inert, nondan side, the space between being stowed quately secured in place. The provisions gerous cargo and may be stowed in any with suitable nondangerous cargo of a of paragraphs (b), (c), and (d) of this suitable location on board the vessel. type not subject to contamination. No section shall also be observed if such a (c) Bomb-fin assemblies, crated, other explosives shall be stowed in the location is utilized. boxed or in metal containers with the same tween deck hold. (h) Upon approval by the captain of bomb fuze included within the packing the port a portable magazine laden with may be stowed in the same compart § 146.29-44 Pyrotechnic stowage, (a) ment, hold or magazine with demolition Pyrotechnic ammunition shall be given not more than 1000 fuzes of these classes may be stowed in an isolated cabin or a bombs or fragmentation bombs. They ammunition stowage as described in shall not be stowed with smokeless pow § 146.29-42: Provided, however, Such ar steel deckhouse secure from aircraft ma chine gun fire and not subjected to casual der in bulk, propellant powder charges ticles shall not be stowed in a compart for separate loading ammunition nor ment in which any other explosives (ex contact by persons on board the vessel. (j) Barges having explosives in bulk with any Class IX or XI types of ammu cept Class I ammunition) is stowed. nition or explosives in bulk. Pyrotechnics shall not be overstowed laden thereon shall not have any Class in , VI, or VIII ammunition on board, at (d) Bomb-fin assemblies, as described with other cargo. The location of this in paragraph (c), may be stowed in a type stowage shall be away from heat the same time, unless the separations re quired by the provisions of (f) of this sec hold or compartment with ammunition and in a dry area so protected as to in other than described in paragraph (c). sure no moisture contacting the pack tion can be maintained. ages. (k) Barges having ammunition laden § 146.29-48 Ventilation of magazines. (b) For limited quantities of pyrotechthereon shall, when having any ammu A magazine that is not fitted with venti nic ammunition an alternate stowage nition of Class in , VIJ3T V in on board lating ducts to the atmosphere shall be may be utilized consisting of stowing in at the same time, maintain the maxi ventilated by omitting the top course of metal lockers or portable magazines so mum separation possible. If this be less boarding on the sides of the magazine to located as to conform with the provisions than 10 feet with no deck or division bulk provide a clear space at least 1" and not of paragraph (a) of this section as re head intervening, a barrier consisting more than 6" below the lower flange or gards other explosives, overstowage, heat of at least 2" wooden plank on 4" x 6" toe of the deck beam within the compart and moisture. framing shall be imposed between the ment or hold in which the magazine is stowages. constructed. Cowl type ventilators of § 146.29-45 Detonator stowage, (a) (l) Except when circumstances require systems feeding directly into a magazine Stowage of Classes in , VI and V in types a different procedure these classes of or a hold in which explosives are stowed of ammunition shall be in either a maga ammunition shall be the last explosives shall be covered with a double layer of zine type “A” or a portable magazine. to be loaded on board the vessel. wire screen of not less than 20 x 20 mesh (b) The location of a magazine al (m) When loading at an ammunition at the weather end of the cowl. This lotted to the stowage of these classes of loading pier, these articles shall not be wire may be attached by folding it back ammunition is restricted to a hold or brought alongside in any barge contain along the cowl and securing the same in compartment in which no other ammuni ing smokeless powder propellant charges place by a sufficient serving with light tion (except Class I ammunition) or ex for separate loading ammunition. line or wire to insure a positive closure. plosives in bulk, inflammable liquids, in flammable solids, oxidizing materials, § 142.29-46 Portable magazine. Port § 146.29-49 Authority to load—load corrosive liquids, compressed gases, or able magazines shall be of a size not ing facilities and use. „„(a) For the pur hazardous articles are stowed. This am greater than 100 cubic feet capacity. poses of the regulations contained in munition when stowed within the maga They may be constructed of wood at of these sections, the explosives anchorages, zine shall not be within 8 feet of the ves metal lined with wood. When con explosives loading piers and ammunition sel’s side. structed of wood, the frame bottom and loading piers which are under the pro (c) No explosives in bulk shall be siding shall be not less than the scantling visions of “Regulations for Security of stowed in a magazine that is being used requirements as given for a Type “A” Ports and the Control of Vessels in the for detonator stowage. magazine in § 146.29-40. A strong Territorial Waters of the United States” (d) No ammunition other than Classes close-fitting, hinged cover reinforced (33 CFR, Part 6), authorized to be used I, HI, VI and VIII shall be stowed in the with wooden battens (at least 1 thick in loading or unloading explosives are magazine being used for detonator stow by 5" wide) shall be fitted. Effective se identified as follows: age. curing means shall be provided for the (1) Explosives anchorages. Explosives (e) The stowage of ammunition of cover. At least four (4) padeyes with anchorages are those areas upon the Classes III, VI and VIII and the stowage lashing rings, not less than 3" I. D. x navigable waters that are designated as of any other class of ammunition (except %" wire, shall be permanently attached areas within which a vessel may anchor Classs I ammunition) on board the same to the magazine. When constructed of or moor to receive or discharge cargo vessel, shall be separated as follows: metal, the minimum thickness shall be consisting of explosives. (1) With a permanent steel deck or not less than The interior shall be (2) Explosives loading piers.’ Ex bulkhead intervening, the separation lined with wood sheathing of a minimum plosives loading piers are those piers des shall not be less than 10 feet in any plane. thickness of Securing means shall ignated by a captain of the port to which (2) Without a permanent steel deck or be countersunk below the surface of the a vessel may moor to receive or discharge bulkhead intervening, the separation sheathing. Effective means shall be pro cargo consisting of explosives. shall not be less than 25 feet in any plane. vided for securing the cover in place. (3) Ammunition loading piers. Ammu (f) The stowage of ammunition of Lashing rings as detailed above, or other nition loading piers are those piers desig Classes III, VI, and VIII and the stowage methods for securing the stowage of the nated by a captain of the port at which of any explosives in bulk on board the magazine shall be provided. All inner a vessel may moor'to accept or discharge same vessel, shall be separated as follows: surfaces of ihe magazines shall be smooth cargo consisting of military ammunition. (1) With a permanent steel deck or and free of nails, screws, or other pro (b) No ammunition or explosives in bulkhead intervening, the separation jections. Portable magazines shall carry bulk shall be loaded on or discharged shall not be less than 25 feet in any plane. the legend: from a vessel except at one of the, au- 9 «siS'i thorized locations shown in (a) : Pro (2) A passenger vessel shall not accept depot, arsenal, navy yard, port of em § 146.29-50 Statements of character vided, the vessel is authorized by the pro any Class A explosives for transportation barkation or other facility under the di istic properties and hazards. In the sec visions of § 146.29-100 to load or unload, as cargo. rect control an doperation of the Navy or at the anchorage or pier being utilized, ond, fourth and seventh columns of the (3) A passenger vessel shall not accept Army; provided a permit authorizing such tables, § 146.29-100, are statements in the particular class or type of ammuni for transportation as cargo the following tion or explosives in bulk involved: Pro loading has been granted by the captain italics setting forth certain charcteristics vided, further, That the handling and Class B explosives: Ammunition for of the port (See §§ 146.29-24 and 146.29- cannon with empty projectile, ammuni 25). and hazards of the substances or articles stowage of the ammunition or explosives listed therein. It is not intended, nor in bulk is in accordance with the appli tion for cannon tvith sand-loaded pro (e) In an emergency arising by reason cable provisions of the regulations in this jectile, ammunition for cannon with solid of military necessity or casualty, a vessel shall it be assumed that these statements part. projectile, ammunition for cannon with may, upon authorization by a captain of set forth all of the characteristic proper (c) (1) Explosives prohibited by sub out projectile or smokeless powder. the port, load or discharge military ex ties or hazards of the particular sub section 3, of R.S. 4472, as amended,, shall (d) A vessel may load or discharge miliplosives in any location authorized by stance or article and such statements as not be accepted by any vessel. tary explosives at any Navy or Army said captain of the port. are shown are informative only. § 146.29-75 Stowage chart FEDERAL REGISTER, REGISTER, FEDERAL ’o ’© d d 3 44 M 03 à <© 4»1 bß s ft 1 IS d & ft bß *4 cd S' o ft a *3 ft 3 3 © eS o d IS « A H . 03 £ A a *3 *p d © d •o Prim ing '©' © *3 . . sand— 3 . p ro p . T h e lette r “ X ” a t an intersection of a 3 A d tl. crat.- Q ’S d Î s d d w. expl. [bulk in 03 pd © 03 horizontal and vertical columns d * . a ft •g a _ 44 a 44 Ammunition for cannon, blank ___ IV X x XXX X XX x X XXX X X X X X XX X X X X V X X X X X V Ammunition for cannon with empty projectiles...... IV X X x X XXX X X X XX X X X X X X X X X Y X X XX X x X X X A m m u n itio n for cannon w ith sand- Saturday loaded projectiles...... _...... IV XX X X XX XX x X X XXX X X x X XXX X x X V X XX X XX Ammunition for cannon with solid IV X XX x x V X X X x X X X x X X X X XX x XX x x x x x XX V VIII X X X X X X X X XX X XX Black powder fin bulk in contain- IX XX x x X X X XX X XXX X VIII X x X X x X XX XX X x X V X X X x X X X XX XX X X X X X X X X x X x X , XI XX X I X X x 1942 3, October X XX XXX X X X X x X X Bombs, Fragmentation (In metal X X X XXXX x x x x X Bombs, Fragmentation (In wooden IV X X X X X X XX X X XX X XXX XXX x XX X x B o m b f u z e s ______VIII X X X XX X X X X X X X X Bomb fuzes (Packed with fin- VIII X X x V X V X XXX X XX x X X X XXXX X X X XX X x X X VIII X X XX X X X X X X X X Bulk initiating and priming ex- ¥■ IX II 7853 IIII VIII X X X X x XX X K- X X X X X Chemical ammunition (Explo- XI X X III IVIVIV Chemical ammunition, Phospho- H X X III IV IV IV IX XXX X XX X X x XXXX X X X XX x X XXX X X VIII XX XX X x XX XX XXX Fixed and semi-fixed ammuni- IV XX XX X X X XXX X XXX X X X X x x x X x IX x X X x X x x x X VIII X XX X X Y X XXX X X X Fuze, Mechanical (Without Boos- I X XXX X XX X X XXXXX X XX XXXXXXX X X XX XXXX XXXXXXX x IV, XI XXXXXX X X X X X X XX X X X X X XXX X High Explosives (In bulk) T. N. T„ Dynamite, etc ______IX X X X XX X X X X X X § 146.29-75 Stovoage chart—Continued 7854 «a prop, The letter “X” at an intersection of horizontal and vertical columns ** indicates the particular kinds or Class ammunition ammunition *É types of military explosives that pow. æ bul.) Mat. bul.) (wet) may be stowed together or with cont.). (expl.) (bulk) assm.) bund.) charges unbox.) booster) other dangerous articles. proj. I’d, § Ut 'S S H 3 Demolition blocks Amm. for cannon, blank Amm. for can. w. emp. w. can. proj. Amm.for Base detonating fuzes Bombs, Frag. (mtl. crat.- Bombs, Frag, (wood crat.- withfln.- (pack fuzes Bomb Fuze, Mechanical (w. o. Small-arms am. Small-arms expl. o. (w. Smokeless Detonators Amm. for can. w. sand— proj. solid can. w. Amm.for Flashlight powder—bulk Grenades (explosive) Minefuzes Point detonating fuzes Rockets, Anti-aircraft Incendiaries, high expl. Mine, Anti-tank Mortarammunition, Light Pyrotechnics « fri High expl. (in bulk) 1 1 Chem. Am. Phos. (expl.) I Depth charges | | Black powder (in bulk) I Blasting caps | Bombs, Armor piercing 1 Bombs, Chemical | Bombs, Demolition | Bomb fuzes 1 Bombs, Photoflash | Boosters I Bulk Initiât. Priming IVIV XXX X. XX Y XXX IVIV Y Y x YYY x Y x Y x X XX X X Y Y X X X Y IVIV X Y x Y Y X Y XX Y x X , Hazardous articles...... 1942 3, October Note : This chart 'does not list every type of military explosive. For types not named hereon consult description shown by classes in the tables § 146,29—100. After identifying such unlisted explosive in bulk or ammunition, according to its class, it may then be stowed in the same manner as a similar type that is shown hereon. , \ Chart References I May be stowed with mortar-smoke shell. II Wet nitrocellulose (collodion cotton), wet nitroguanidine and "wet nltrostarch may be stowed in the samé magazine. III White or yellow phosphorus in drums shall not be stowed with chemical ammunition. IV Chemical ammunition (non-explosive) may be stowed with chemical ammunition (explosive). V See § 146.29-47 for additioanl provisions re stowage of bomb fuzes packed with bomb-fin assemblies. § 146.29-100 Military ammunition and explosives in bulk Class Description Marking Hazard Stowage Loading Handling Class I ______Small-arms ammunition and “Small-arms ammuni Involvement in afire...... Any compartment in which no in Any location in any area___ Observe markings on packages to be certain mechanical time fuzes with tion.” flammable liquids, inflammable that no “Small-arms ammunition with ex out boosters. “Mechanical time fuzes” solids or corrosive liquids are plosive bullets” is included. “AMMUNITION”.. Includes all fixed ammunition stowed. May be overstowed. such as is used in pistols, revolvers, rifles, shot guns, machine or antiaircraft guns (with non-explosive bullets) and mechanical time fuzes * without boosters. For small- arms ammunition with ex plosive bullets See: Class IV. § 146.29-100 Military ammunition and explosives in bulk—Continued Class Description Marking Hazard Stowage L oading Hanffing Class H . Smokeless powder in contain- "Smokeless powder for Loose powder may be ignited by TYPE “A” MAGAZINE...... Explosives anchorage... Do not chute or drag packages. cannon.” spark or friction. Burns rapidly Shall not be overstowed with any Explosives loading pier. In^bulk.) and with intense heat. Burning other kind of cargo. Do not accept damaged packages. “EXPLOSIVES IN Smokeless powder for small In event a package is damaged, carefully sweep "Smokeless powder for powder in a ship’s hold may Shall not be stowed in the same up any powder. Do not attempt to reeooper BULK.” arms. small arms.” explode. May become unsafe if magazine with other ammunition (In bulk.) the package. Powder may be disposed of subjected to high temperature. or explosives unless the two stow in deep water. "AMMUNITION”. Packed in boxes, powder cans, ages are separated by a partition or other containers. bulkhead. Smokless powder propellant ‘Smokeless powder for Loose powder may be ignited by TYPE “A” MAGAZINE. Explosives anchorage____ Do not chute or drag packages. charges. cannon.” spark or friction. Burns rapidly Shall not be stowed in the same Explosives loading pier. Do not accept damaged packages. “Made up” charges in cloth and with intense heat. Burning magazine with other ammunition Ammunition loading pier. In event a package is damaged, carefully sweep powder bags in outside powder in a ship’s ho Id may ex or explosives unless the two stow metal or fiber pack con up any powder. Do not attempt to recooper plode. May become unsafe if ages are separated by a partition the package. Powder may be disposed of in tainers. subjected to high temperature. bulkhead. deep water. Shall not be overstowed with any other kind of cargo. Fiber pack containers shall be REGISTER, FEDERAL stowed on end. "AMMUNITION”. Pyrotechnics, includes all types ‘Fireworks’1 The principal hazard is involve AMMUNITION STOWAGE. of military pyrotechnics Explosives anchorage...... Do not load during rainy weather unless com ment in afire. Some pyrotech Shall be stowed away from heat Explosives loading pier. plete protection against moisture coming in except photoflash bombs nics may ignite spontaneously and in a dry location. Protected Ammunition loading pier. contact with the packages is provided. and flashlight powder in if exposed to moisture or high against moisture contacting the Handle earefully. bulk. Photoflash bombs temperatures; but under these stowage. are included in Class X. Do not subject packages to shock. Boxes shall conditions, most types tend to Shall not be stowed in a compart not be dropped, thrown or loaded by chute. Flashlight powder in bulk become less sensitive and more ment with any other explosives In loading over ship’s side use crate or tray. is included in Class IX. difficult to ignite. Airplane except small-arms ammunition flares involved in a fire may and mechanical fuzes without explode, most other types burn boosters. with intense heat and without Shall not be overstowed with any serious explosion. other kind of cargo. Chemical ammunition filled "Explosives projectiles” The most characteristic property AMMUNITION STOWAGE or Explosives anchorage...... Handle carefully. Do not use a chute in loading. with phosphorus — When or “Explosive bombs.” of white phosphorus is that of CHEMICAL AMMUNITION Explosives loading pier. Observe packages or shells for evidence of shipped , assembled with spontaneously igniting upon s t o w a g e . Ammunition load mg pier. leakage and reject any showing such signs. their ignition elements, exposure to air, burning with an It is important to stow in locations bursting charges, detonating intensely hot flame and giving not subject to temperatures above fuzes or explosive compo off large volumes of white smoke. 100° F. nents. The fumes are highly discom Shall not be stowed in a compart “AMMUNITION” (For such ammunition when forting. Burning phosphorus ment with any other explosives 1942 3, October Saturday, shipped without ignition gives off phosphorus oxide which except other chemical ammuni elements, bursting charges, is toxic upon sustained exposure tion. detonating fuzes or explo thereto. Phosphorus is intensely Shall not be overstowed with any sive components see Section poisonous when taken inter other kind of cargo. 146.22-100) nally. Itbecomesaliguidatlll0 This type ammunition includes, F. Leakage, which sometimes but is not limited to: 75-mm. occurs, usually gives warning by artillery shell. 166-mm. artil smoke. lery shell. 8-inch artillery Ammunition fitted with fuzes and shell. 81-mm. mortar shell. boosters and involved in a fire 4-mch chemical mortar shell. will usually explode with mod Ai-inch chemical mortar shell. erate violence thus tending to 8-mch livens ‘projector shell. spread the fire rapidly. 8-pound aviation bomb, im pound aviation bomb. 60- pound aviation bomb. 100- pound aviation bomb. Class m . Point-detonating fuzes, minor For purposes of these regulations thl class of ammunition has been consolidated with Glass VHI ammunition. caliber base detonating fuzes, powder train fuzes, and anti-tank-mine fuzes, 7855 packed separately in boxes; bomb fuses, packed with fin assemblies. N o . 19E KM § 146.29-100 Military ammunition and explosives in bulk—Continued 7856 Class Description Marking Hazard Stowage Loading Handling Class IV. Fixed and semi-flxed high ex "Ammunition for can Articles in this class usually ex AM MUNITION STOWAGE or Explosives anchorage____ This class of ammunition shall be handled with plosive shell (Complete non with explosive plode progressively only a few MAGAZINE STOWAGES “B” Explosives loading pier. care. Do not drop, roll or throw the pack rounds) light mortar ammu projectile” boxes at a time, many explosions or MAGAZINE STOWAGE “A”. Ammunition loading pier. ages. nition, grenades, shrapnel of “Ammunition for can of individual rounds being of a Boxed and crated ammunition may Boxes of fixed ammunition may be handled all calibers, fuzed or unfuzed non with empty pro very low order. Pressures which be overstowed with nondangerous with chute or trucks and may be loaded by "AMMUNITION” and blank ammunition for jectile” would cause serious structural cargo. using rope and canvas sling. cannon, ammunition for “Ammunition for can damage are not usually gener Fiber bundle pack containers, crated Fiberpack containers of fixed ammunition shall cannon with empty projec- non with solid projec ated. Most missiles would fall or uncrated, may be stowed on be loaded by using truck, skip or tray. No tile, ammunition for cannon tile” within 600 feet. their bases or sides. Unboxed or weight shall be imposed upon the fiber part with solid projectile, ammu “Ammunition for can uncrated fiber pack containers of the container. nition for cannon with sand- non with sand-loaded shall not be overstowed with other loaded projectile, high ex projectile” cargo. (See § 146.29-12) plosives incendiaries, rock “Hand grenades” ets A A, kit grenades anti “Rifle grenades” tank, grenades hand defen “Ammunition for can sive; packed in outside non with incendiary wooden boxes, or bundles of projectile” REGISTER, AL ER FED 3 individual fiber contain “High explosives incen ers, unfuzed fragmentation diaries” bombs, in wooden crates, “Rockets antiaircraft” and small-arms ammunition “Small-arms ammuni with explosive bullets. tion with explosive This class of ammunition in bullets” cludes, but is not limited to: 20 mm. explosive bullet, 87, Ifl, 67, 60, 76 and 81 mm., 8" 90 and 106 mm. and i" .6 cali ber shell. No chemical or smoke ammu nition is included. Class V______Separate-loading shell of all For purposes of these regulations this class of ammunition has been consolidated with Glass VH ammunition. calibers, loaded with explo sive “D”, fuzed or unfuzed; and shell loaded with explo- “AM MUNITION” sive “D ”, fuzed or unfuzed not assembled to or packed OctoberSaturday,S, 1942 with cartridge cases; and armor-piercing bombs. Class VI. Major and medium caliber For purposes of these regulations this class of ammunition has been consolidated with Class VIII ammunition. base-detonating fuzes, bomb fuzes; boosters for high ex plosive shell; bursters for chemical shell, and for bombs; packed separately in boxes. Class VH...... Separate-loading shell of all “Explosive projectiles”.. The principal hazard in trans AMMUNITION STOWAGE or Explosives anchorage____ Handle with care. calibers, fuzed or unfuzed, portation ivill be involvement in MAGAZINE STOWAGE “B” Explosives loading pier. Do not drop. Sling loads shalt be landed as except those loaded with ex a fire. Shells in this doss usu or MAGAZINE STOWAGE “A” Ammunition loading pier. easily as possible. plosive “II”; and loaded ally explode progressively and This ammunition boxed or unboxed Do not roll shell. "AMMUNITION” shell, except those loaded very likely en masse. maybe overstowed.with nondan Protect rotating bend from damage. with explosive “D”, fuzed or Structural damage within 1,800 gerous cargo. Care must be taken Avoid injury to or removal of paint from the unfuzed, not assembled to or feet may be severe. not to damage rotating bands on bourrelet. packed with cartridge cases. unboxed shells. For the purposes of handling, stowage and transportation within the scope of these reg ulations, Class V types of ammunition are consoli dated with Class VII. Class V. Separate-loading shell of all ^‘Explosive projectiles” The principal hazard in trans calibers, loaded with explo [ “Explosive bombs.” portation will be involvement in sive "D ”, fuzed or unfuzed; a fire. These shells usually ex and shell loaded with explo plode one at a time, and in sive “D”, fuzed or unfuzed, practically all cases with low not assembled to or packed order of explosion. Most mis with cartridge cases; and siles ivill fall within 1,200 feet. armor-piercing bombs. N ote. In general Classes V and VIJ types of pi ojectiles will be shipped in accordance with tke following basic rules: Point fuzed shell with false ogives will be crated. Point fuzed shell without false ogives will have grommets and eyebolt lifting plugs. Base fuzed shell with relatively fragile parts such as false ogives, steel caps, and windshields^ will be crated. Base fuzed shell without false ogives will not be crated but will have grommets to protect rotating bands. Dummy drill projectile will be crated. Shell with point-detonating fuze assembled thereto will be boxed. § 142.29-100 Military ammunition and explosives in bulk—Continued Handling Description Marking Hazard Stowage Loading “Detonating fuzes” . . . . The two primary hazards in the DETONATOR STOWAGE or Explosives anchorage------Ammunition of Classes III, V I and V III con Class VIII. Primers, detonators, primer- PORTABLE MAGAZINE. Explosives loading pier. stitute a distinct class of ammunition when they detonators for bombs, gre “Percussion fuzes.” transportation of these devices are not assentbled in projectiles, bombs or other nade fuzes (Detonating “Boosters (explosive).” are shock and involvement in a Ammunition loading pier. “Small-arms primers.” tire. A collateral hazard is the The location of magazines is re ammunition. These types of ammunition are type), and blasting caps. stricted to a hold or compartment loaded with explosives that are sensitive to shock. “AMMUNITION’1 “Primers.” effect of the detonation of these The handling and stowage provisions iff these ‘Blasting caps.” articles upon other explosives or in which no other explosives (ex “Electric blasting caps.’ ammunition stowed in proximity cept small-arms ammunition) in regulations give consideration to the probable to such articles. flammable liquids, inflammable effect accidental detonation of these devices may A ll of Class V III type of ammuni solids, oxidizing materials, corro have upon other ammunition or explosives For the purposes of handling, stowed within the vessel. stowage and transportation tion in a unit stowage may ex sive liquids, compressed gases or plode at one time, but as the total hazardous articles are stowed and Load only by hand or mechanical means. within the scope of these reg shall not be within 8 feet of the ves Trays with sideboards shall be used when load ulations, Classes III and VI amount of explosives involved is ing by mechanical means. types of ammunition are limited structural damage would sel’s side. not tend to be great. Light mis See § 146.29-47 for provisions re. Packages shall not be stacked on a tray to a consolidated with Classr stowage of bomb fuzes packed height above its sideboards. VIII. siles having a limited range The maximum weight of the load on one tray would be formed. with fin assemblies. REGISTER, FEDERAL The amount of explosives in single See § 146.29-45 for detail of detonator lift shall not exceed 1000 pounds. Class VI. Class V I...... —...... - Stowage. Trays shall not be swung over other open Major and medium calibe items of Classes III and VI hatches or holds containing ammunition, ex base-detonating fuzes, bomb usually does not exceed one-half plosives in bulk or other dangerous cargo. fuzes; boosters for high ex pound. It is likely they would Trays shall be hoisted and lowered carefully plosive shell; bursters for explode progressively box by box. and deposited without undue shock. chemical shell, and for Structural damage caused by the Do not roll, skid or chute packages. bombs; packed separately in pressures generated would prob Packages shall not be turned over nor onto their boxes. ably be limited to the vessel and sides but always maintained in “This Side pier. Missiles are light and Up” position as indicated by the marking on usually fall within 600 feet. the package. Glass i n . Class III...... Point-detonating fuzes, minor caliber base-detonating fuzes, powder-train fuzes, antitank-mine fuzes, and grenade fuzes, (i g n i t i on type) packed separately in boxes; bomb fuzes packed with fin assemblies. Explosives anchorages-.. Do not subject packages to rough handling. Flashlight powder in bulk, de ‘High explosives”____ For the purposes of these regula Group, IX-A______Class IX. MAGAZINE STOWAGE “A.” Explosives loading piers. Reject packages showing evidence of failure or Saturday molition blocks, spotting ‘Black powder.” tions this class »s divided into damage. .“EXPLOSIVES IN charges, black powder, in ‘Low explosives.” groups as follows: In event of sifting of the contents of the package bulk, rocket propellants, in ‘Initiating explosives.” Group IX-A..------Shall not be stowed in the same BULK* Flashlight powder in bulk. Spot magazine with other ammunition stop operations and carefully clean up any bulk, bulk priming explo ‘Fireworks.” or explosives unless the two stow- residue. sives; bulk initiating explo ting charges, black powder, and Remove the faulty package from the vessel. sives such as mercury fulmi btUk priming explosives consti ' ages are separated by a partition tute a group having relatively bulkhead. Boxes shall be stowed “This side up”. nate cur lead azide, and bulk Shall not be overstowed with any Drums and kegs shall be stowed on end with high explosives such as T. similar hazard characteristics , which principally consist of being other kind of cargo. bung up. N. T., explosive “ D” , tetryl Metal cans 7857 shall be stowed with cap up. 1942 3, October and dynamite. very susceptible to ignition by N ote. Bulk priming or initi spar,k or friction. They burn ating explosives, in dry con with explosive violence and will dition, are not permitted to ¿tplode if ignited, under even be transported onboard ves slight confinement. They are sels. adversely affected by high temper- ture. Explosives anchorages.... Do not subject packages to rough handling. Group IX -B ...... ap IX-B-. Reject packages showing evidence of failure or Demolition blocks, rocket propel MA1GAZINE STOWAGE “B”... Explosives loading piers. lants, and high explosives such damage. as T. N. T., explosive “2>”, In event of sifting erf the contents of the package tetryl and dynamite have rela stop operations and carefully clean up any tively similar hazard character residue. istics. They may be considered Remove the faulty package from the vessel. stable in storage. Can be ignited Boxes shall be stowed “This side up”. by spark or friction and detonated Drums and kegs shall be stowed on end with by shock. When ignited will, bung up. Metal cans shall be stowed with burn readily like a bar or resin. cap up. Bulk shipments in amounts likely to be found on board vessels would if ignited be very likely to detonate. Group IX-C...... — Group IX -C ...... — Explosives anchorages... Barrels or drums contain from 20% to 40% of MAGAZINE STOWAGE ‘A”... Explosives loading piers. water. Bulk initiating explosives such as mercury fulminate, lead azide Check for signs of leakage. or other fulminates constitute a distinct class of explosives. Handle carefully to protect against rupture of They are extremely sensitive to shock. The only permitted the container. packing for transportation in bulk consists of ajsift-proof cot Stow on end. ton duck, rubber or rubberized cloth bag in a metal barrel or When overstowing floor off between tiers. drum or wooden barrel or keg and wet with from £0% to 4 0 % of water. Mercury fulminate and lead azide also have 3" Do not roll barrels on their bilgesi of sawdust, saturated with water, between the bag and the outer container. 7858 § 142.29-100 Military ammunition and explosives in bulk—Continued Class Description Marking Hazard Stowage Loading Handling Class X— ...... Demolition bombs, fragmen “Explosive bombs”..... Fire and shock are the primary MAGAZINE STOWAGE “B” or Explosives anchorages__ Handle carefully. Do not drop, roll, drag, or tation bombs in metal drates “ Explosive mines.” hazards to this class of ammuni . MAGAZINE STOWAGE “A”. Explosives loading piers. slide these articles. Do not use chute in load or bundles, photoflash “Explosive projectiles.’ tion. Shall not be overstowed with ve ing or unloading. "AMMUNITION’1 bombs, high explosive anti Demolition bombs have very thin hicles or other cargo of high unit Bombs shall be loaded by the use of trays or tank mines, naval mines, walls. They are regarded as one weight. wire-rope slings. Nets shall not be used. depth charges, warheads, of the most hazardous types of Except for wooden barrels or boxes, Slings must be approved for such use by the livens shells loaded with ammunition because of their and flberboard containers, no in captain of the port. Slings may be of a dual high explosive (urifuzed) tendency to detonate en masse if flammable or combustible material type for bombs not exceeding 2000 pounds and torpedo bangalore. involved in a fire. as cargo or containers of same shall each. Fragmentation bombs packed in be stowed in a hold in which this Photoflash bombs shall be loaded by the use of metal crates or bundles are sus class of ammunition is stowed. trays. ceptible to mass detonation. Antitank mines shall be loaded by the use of Photoflash bombs, involved in a trays. Naval mines, uncrated and fitted fire, will detonate en rryasse. with lifting ring shall be loaded by using wire Antitank mines, naval mines, depth rope and shackle. REGISTER, FEDERAL charges, and warheads are loaded Mines in steel crates will be loaded by tray. with high explosives. Their Warheads shall be loaded by tray. shells are relatively thin and in Depth charges may be loaded by tray or rope volved in a fire it is likely detona and canvas net. A net load shall not exceed tion will occur. three depth charges. Detonation of any appreciable Livens shells and torpedo bangalore shall be number of this type of ammu loaded by the use of trays. nition will result In severe struc tural damage. The extent of the vulnerable area will depend upon . the amount of high explosives I involved. • Class X I. ‘Chemioel ammunition (Ex “Explosive projectile” This type of ammunition or bulk CHEMICAL AMMUNITION Explosives anchorages...... When possible and the amount of such ammu plosive)” is used to desig or “Explosive bomb” shipments of these substances in STOWAGE. Explosives loading pier or at nition or containers of these chemical sub nate a variety of forms of or “Hand grenade” or containers other than ammuni- a temporary location ad- stances warrant, the loading and stowage of artillery shell, chemical “ Rifle grenade.” !• tion represents a particular and thorized by the captain of chemical ammunition or chemical agents for "CHEMICAL mortar shell, livens projector This ammunition filled special hazard. Prior to the war, the port for a specific such should be supervised by a representative AMMUNITION’ shell, airplaqe bombs, gre with a poison gas or these articles were permitted to Bulk shipment of chemical agents, loading. of the Chemical Warfare Service. nades, and candles, contain liquid Class “A”, be stowed in the “Shelter Deck". in ICC-cylinders or tanks may Ammunition and containers of these substances ing chemicals and an ex either boxed or not Because of the danger of damage be stowed in a shelter deck space shall be handled carefully. plosive or a bursting charge. boxed must bear the in the case of air attack, it is now or in a deck house suitable for such They shall not be dropped or unnecessarily Saturday ‘Chemical ammunition filled white “ Poison Gas” provided that these substances be stowage. jarred. The methods used for hoisting with phosphorus” is not in label- stowed in a reasonably tight chemical ammunition during loading shall cluded herein. For regula compartment below decks. be similar to those used in handling high tions governing such am Due to the restrictive control over explosive shells. Stowage and bracing are munition see Class II. the preparation of these weapons very important. Packages shall be braced “Chemical ammunition (non little likelihood of extreme danger so as to prevent any movement. Top tiers shall be braced to prevent upward move explosive)” when shipped exists unless the containers or , without ignition elements, ammunition are damaged in ment. In general, boxes shall be stowed on bursting charges, detonating handling or stowage on board the the most stable side and arranged in such a 1942 8, October fuzes or explosive compo vessel. manner that the joints between boxes are nents; and drums, cylinders, staggered. No packages shall be cantstowed. tanks or other containers of N ote. The U. S. Army, Chemical Warfare Service, when shipping chemical ammunition, murks such ammunition and the containers Dunnage [shall be applied to the sides, ends poison gas, liquids, solids or thereof, in general as follows: • and the top of the boxes before bracing is tear gas in bulk shall be ac (а) By the use of color bands painted upon the ammunition and the containers thereof; by letter symbol to indicate the particular applied. cepted and stowed on board kind of chemical therein and by the words “Gas”, “Smoke", “Incendiary” or “Incend”, stenciled upon the ammunition or the vessels in accordance with containers thereof. the provisions of the regula (б) Persistent gases are marked with two ($) green bands. Nonpersistent gases with one (1) green band. Harassing gases or smoke tions in § 146.25. with one (1) red band. Screening smoke and toxic smoke with one (1) yellow band. Incendiaries with one (f) purple band. (c) The words “Oas”, “Smoke", “Incendiary” or “Incend." will be stenciled upon shells and upon the outside containers of shells, grenades, bombs, candles, etc., the stenciling to be of the same color as the designating band. {d) The bodies of all munitions containing gas or smoke will be painted gray. Incendiaries will be painted oitiee drab. R. R. WAES CHE, Commandant. [F. R. Doc. 43-9780; Filed, October 1, 1942; 3:08 p. m.] FEDERAL REGISTER, Saturday, October 3, 1942 7859 III. Whether the prices of coal pro to return costs to^he Price Areas, he Notices duced in Minimum Price Area 2 were added to the existing prices not only the properly ordered changed in this pro amount of the changes in cost which ceeding. had occurred betwen the computations DEPARTMENT OF THE INTERIOR. Review of all other questions raised is in Docket 15 and Docket 21 but also the Bituminous Coal Division. hereby denied.“ This denial does not amount of the differential between real mean that the order of the Acting Di ization and cost during the first year [General Docket No. 21] rector with respect to these questions is under minimum prices. Determination of E xtent of Change of affirmed by me. It means merely that I Throughout the second phase of this Costs of M inim um P rice Areas have been unable to see that the ques docket, Associated Industries* has ob tions are appropriately raised at this jected to the inclusion of this realization ORDER AND OPINION ON QUESTIONS OF LAW time or of sufficient doubt or general im differential on the following two grounds: AND POLICY portance to warrant review by me. (1) Adequate notice was not given that Order and opinion of the Secretary of I the proceeding in this second phase the Interior on review of questions of would take up the problem of assuring law and policy involved in the Acting The question whether the Division had producers a return of their total costs, Director’s order of August 28, 1942. statutory authority to include in the re and (2) statutory authority was lacking In the matter of determining the ex vised minimum prices set in this proceed to accomplish this inclusion, since the tent of change, if any, in excess of two ing an amount sufficient to insure a Division could not revise prices to the cents per net ton in the weighted aver return per net ton for the Minimum end of returning total costs to the pro age of the total costs of any of the mini Price Areas which approximates the ducers unless the Division were acting mum price areas; and of revising the weighted average of the total cost per under the authority of section 4 II (b), effective minimum prices as may be net ton of the Price Areas. and since the Division could not operate required by reason of any such change The order of the Acting Director of under section 4 II (b) without coordi in costs. August 28 has set revised minimum nating proposed prices in conformity This is the final administrative stage prices at a level intended to yield a with all the standards of sections 4 II of a proceeding for the general revision return per net ton upon the entire ton nage of the several Minimum Price Areas (a) and (b). of minimum prices of bituminous coal 1. The first objection of Associated which was begun by the Bituminous Coal sufficient to approximate the weighted average of the total cost per net ton Industries was based upon the limitation Division on its own motion on May 2, of the proceedings in their earlier stages 1941. of the tonnage of the Minimum Price On August 26, 1942, the Acting Secre Areas, as such cost was found in the to the problems of changes in costs. tary of the Interior approved the Order first phase of Docket 21. To reach this The first phase of the proceedings was for Procedure of the Acting Director of result the Acting Director had to deal confined to proving the extent of changes the Bituminous Coal Division of this with a problem of under-realization in cost in the various Price Areas. Sec Department. The order advised the growing out of the present minimum tion 4 II (a) provides that, after the parties to this proceeding who were dis prices. initial cost determination for t^ie mini satisfied with the order of August 26 of The evidence presented in the second mum price areas: the Acting Director .fixing new minimum phase of this docket showed that dur ing the first year of operation under the * * * upon satisfactory proof made at prices for bituminous coal, that they any time by any district board of a change might file with me requests for review minimum prices established October 1, in excess of two cents per net ton of two of questions of law and policy of general 1940, in General Docket No. 15 the pro thousands pounds in the weighted average importance in the administratic of the ducers had not received, at these prices, of the total costs in the minimum-price Bituminous Coal Act.1 _This order was a return per net ton for the several area, exclusive of seasonal changes, the Com issued in the exercise of my directive Price Areas which covered the weighted mission [Division] shall increase or decrease and supervisory authority over the Di average of the total cost per net ton the minimum prices accordingly. vision. With these requests, it was also of these Price Areas. The Acting Di The Notice Of and Order for Resumption announced, might be filed briefs in sup rector concluded that this deficiency in of Hearing issued on April 17, set the port of the positions taken in the realization can and should be avoided in hearing for May 5. It “strictly limited” the future. He found that the deficiency requests. the purpose of the hearing to determin Pursuant to this order, requests for was due to the fact that the 1937 pat review, frequently accompanied by briefs, tern of distribution under unregulated ing the adjustments necessary in order were filed by District Boards Nos. 3, 5, prices had been used as a basis for com to reflect the changes in costs found 7 and 8, the West Virginia Coal and Coke puting equivalence between costs and in phase (a) and proposed that the Di Corporation, Associated Industries of returns in Docket 15 and that this pat vision would increase or decrease the New York, Inc., and the Bituminous Coal tern had changed extensively since the minimum prices by the amount of the Consumers’ Counsel. establishment of effective minimum changes in costs unless objection was After full consideration of the impor prices. We also found that, if the prices made thereto. The notice limited the tance of the questions of law and policy were properly set in this proceeding, a adducing of evidence relating to any raised in these requests, I have decided deficiency of realization could be avoided other revision of prices to the parties to review the following questions: because the pattern of distribution fol objecting to the proposed increase or de I. Whether the Division had statutory lowing the revision of prices would not crease in prices by the amount of the authority to include in the revised mini substantially differ from the pattern of changes in costs. Other provisions of mum prices set in this proceeding an distribution during the first year under amount sufficient to insure a return per minimum prices. To set the prices prop the notice and the order showed that the net ton for the Minimum Price Areas erly therefore, in an amount sufficient Division was not blind to the possible which approximates the weighted aver existence of other factors to be consid- age of the total cost per net ton of the * District Board No. 7 has raised the ques Price Areas. tion whether the Acting Director’s refusal * Associated Industries is an organization II. Whether, in revising minimum to distinguish “in the levels of minimum of industries consuming annually an esti prices, the Acting Director properly prices” between coal sold on the open market mated 15,000,000 tons of coal, produced adopted the so-called weighted average and coal not so sold was proper. Its only largely in Minimum Price Area 1. Since adjustment method and properly re proposal is that the distinction be such that these consumers are located in New York and selling expenses are allocated entirely to are thus in the group of market areas 1 to jected the so-called automatic adjust commercial tonnage. Its argument in favor 21, Associated Industries computes the ment method. of this distinction adds nothing to what amount of deficiency in realization as about was said in favor of a similar distinction in 8 cents per ton in the additional 20 cents ‘Act of April 26, 1937, 50 Stat. 72, as reckoning the cost of coal in the first phase per ton added by the Director to the prices amended April 11, 1941, 55 Stat. 134; 15 UJ3.C. of this proceeding. So put and so argued the to be charged in market areas 1 to 21 for secs. 828 et seq. problem is too narrow to warrant review. coal from Price Area 1. 7860 FEDERAL REGISTER, Saturday, October 3, 1942 ered, but did not specifically enlarge the also no question of the rightness of the complaint or upon its own motion, review scope of the proceeding.4 judgment of the Acting Director or of and revise the effective minimum prices and the legal propriety of his action in con rules and regulations in accordance with the How far this notice would have per standards set forth in subsections (a) and mitted consideration of questions unre solidating the petition proceedings with (b) of part II of this section. lated or in addition to the proposal for the basic docket. The original notice of a straight increase or decrease in prices the hearing had expressly reserved to the I do not find that the statute restricts to reflect changes in costs need not be Division the right to order such further the avenue to the objective reached by decided because prior to the start of the proceedings and institute such further the Division to the single path indicated hearing the question of revising prices action _ as deemed appropriate. More by Associated Industries. The Division to allow realization of costs was fully in over, the Acting Director acted in con could reach this objective by adding the corporated in the hearing by the notice formity with his authority in the Rules increases in costs to the minimum prices of the Acting Director of May 4. This and Regulations Governing Practice and under a 4 n (a) proceeding and then Notice and Order concerning Consolida Procedure before the Bituminous Coal entertaining a host of 4 II (d) proceed tion and Hearing consolidated with Division to consolidate petitions when ings to effect adjustments to provide suf Docket 21 the petitions of 10 District ever in his judgment the issues are so re ficient realization. It is possible, in fact, Boards presented under section 4 H (d) lated that consolidation will facilitate ex to say that a consolidation of sections 4 peditious and just consideration (30 II (a) and (d) proceedings actually oc These petitions sought the establish CPR § 301.104). curred in this docket, in view of the ment of temporary and permanent prices While the notice and order for con chronology of the procedure just re which would permit realization of costs. solidation was issued the day prior to the hearsed. Under thife authority of section They were presented as a result of studies opening of the hearing in the second 4 H (d) the Division would have the and reports of realization deficiencies phase of Docket 21, such consolidation power to issue “such order as may be made by District Boards and by the Di had been requested by a 4 II (d) peti required to effectuate the purpose of vision early in 1942 and as a result of the tioner, District Board No. 14, as early as paragraphs (b) and (c) of part H of disclosure in the first phase of this docket March 18. It was requested specifically this section.” This authority is broad that the addition of increases in costs with respect to Minimum Price Area 1, enough to support an order allowing full might not result in sufficient realization. the price area of concern to Associated realization to the parties in this proceed Most of the petitions contained requests Industries, by the petitions on April 22 ing, since only an order of general ap that they be consolidated with Docket and April 24 of District Boards Nos. 9 plication would be a satisfactory outcome 21. The director announced in this con and 1-6 and 8. Moreover, in their ob of this proceeding, and since realization solidation notice that the petitions jections lodged under the original notice of costs is the ultimate purpose of para “raised similar and related issues” and for the resumption of the hearing in graph (b). Although these 4 II (d) peti should be consolidated with Docket 21 Docket 21 most of the District Boards of tions were dismissed at the close of this “for all purposes.” the country gave notice of their desire proceeding after they had served their There is no doubt that a petition under to assure the inclusion of the realization purpose, such dismissal in no way af section 4 II (d) is a proper method to problem in the hearing. fected the rights of the parties. bring before the Division for correction a I conclude that there was sufficient no The opinion of the Acting Director, discrepancy between returns from mini tice and opportunity to be heard on the however, shows that he intended to reach mum prices to a Price Area and the Price issue of realization and that this issue the objective he did under his authority Area’s weighted average costs. There is was injected fully into the hearing, not to revise prices in section 4 33 (b). While 4 The notice called to the attention of the only with respect to Minimum Price Area I am not concerned with the reasoning parties the duty of the Division to revise 1, but as an issue of general application. of the Director in view of my concur prices under section 4 II (b), in accordance The issue had been presented to the Divi rence in the result, I think it best to with the standards both of 4 n (a) and 4 sion by half the District Boards, repre consider the correctness of his action n (b ). The Order was made without preju senting far more than half the tonnage under the authority which he claims dice to the right of any party to petition for of the country, in 4 H (d) petitions for it. action, under section 4 II (d) or any other and by almost all the District Boards in Section 4 II (b) contemplates the con provision of the Act, “by reason of dissatis their formal objections to the resumption faction with minimum prices as established sideration of many standards in the by the Division.” notice. The issue grew out of findings as process of price fixing. Certainly, in an “Eleven District Boards petitioned under to cost in the first phase of the docket original price fixing proceeding it is section 4 n (d) to obtain realization of total and was by its nature coterminous in necessary to consider all standards at costs. Those which were consolidated with scope, for it would not be reasonable in the same time and to accomplish an inte General Docket No. 21 by the notice of May a general adjustment of prices over the grated price pattern. Such a price pat 4, were the following: Petition of District country for some prices to be raised only Boards 1-6 and 8 for a temporary and per tern was accomplished in General Docket by the amount of an increase in costs and No. 15 after extended analysis and ap manent price order for a 20-cent increase on others by the amount of an increase in all coals produced in Minimum Price Areas plication of all the standards of the act. 1, 2 and 8 in order to enable coals in Price cost plus a deficiency in realization, in This coordination having been estab Area 1 to recover their total weighted aver circumstances where a deficiency in real lished, it would defeat orderly and age costs, filed April 22, 1942, Docket A-1423; ization existed throughout the country. expeditious administration if every price petition of District Board 9 for a temporary 2. Associated Industries challenges the change under section 4 H (b) required and permanent price order t o the same effect, statutory authority of the Division, in a filed April 22, 1942, Docket A-1424; petition a general inquiry into the application of proceeding such as that held in this sec all the standards of subdivisions (a) and of District Board 14 for a price order for ond phase of Docket 21, to revise prices Price Area 4 such as to return the total costs (b). of the area, filed March 18, 1942, Docket A - “to the end that the return per net ton Because section 4 11 (b) authorizes the 1360; petition of District Board 16 for a 15- . upon the entire tonnage of the Minimum Division to revise prices in accordance cent increase in prices for district 16 to cover Price Area shall approximate the with all the standards, this does not mean deficiency in realization, filed February 2, weighted average of the total costs per that the Division may not revise prices and supplemented February 28, 1942, Docket net ton of the tonnage of such Mini A-1299. The petition of District Board 11 for to accord with such part of these stand mum Price Area.” This objective is ards as are alleged and proved to be un a price order for a 20-cent Increase for Price found in section 4 n (b) of the statute Areas 1 and 2, filed April 21, 1942, Docket and can be reached under section 4 II fulfilled. The Division has already fixed A-1422, was denied in the May 4 order as the the administrative construction of its issue raised by it of Increased costs of pro (b), it is claimed, only by a proceeding duction was decided in the first phase of which examines prices in the light of all statutory authority and has repeatedly General Docket No. 21. of the standards recited in sections 4 taken action under section 4 H (b) to re The disposition of the various consolidated n (a) and (b). This argument is based vise prices to conform with particular petitions is reported on pages 10-13 of the upon the last sentence of section 4 II standards upon complaint made to it as Acting Director’s' opinion. The petitions of District Boards 1-6, 8, 14 and 16 remained (b) which reads as follows: to the failure of fulfillment of these part of Docket 21 until the Director’s final The Commission (Division) shall there standards, without embarking on a full order was issued. upon establish, and from time to time, upon inquiry as to conformity of the prices FEDERAL REGISTER, Saturday, October 3, 1942 7861 with all the other standards set forth in would undoubtedly put Price Area 1 coal proceeding, by varying the amount of in subsections (a) and (b).* at a serious disadvantage at all points crease from marketing area to market Similarly here, the objections lodged at which the two areas compete and ing area. by 18 District Boards under the notice for would encourage the buying of Area 2 Consumers’ Counsel, also objects that the resumption of the hearing in this coal in preference to Area 1 coal. the weighted average adjustment method phase and the petitions of the District To obviate this difficulty the Division is directed at the goal of preserving the Boards consolidated into the docket ap adopted a method of adjusting the prices coordination of prices but yet ignores prised the Division and all the parties to of coal in each of a number of groups the procedures and standards of section this docket of the need for readjustment of related marketing areas according to 4 n (b). under which coordination should of prices to satisfy the standard of real the proportions of coal coming to it be undertaken. But this method has the ization of costs, which is the basic stand from each of the Price Areas serving it. merit of not disturbing the distribution ard of subsections (a) and (b). Acting For example, coal shipped into market pattern in the absence of a full inquiry upon that need the Division evidently areas 1 to 21 which are served almost into the effects of price changes. It has proceeded on its own motion to make ad entirely by Price Area 1 was given the the merit, too, of allowing the Director justments upon the proof that this basic full 20-cent increase to which Price Area to estimate the realization to be expected standard of realization was unfulfilled by 1 coal is entitled. Coal shipped into from the new schedule of prices. existing prices. market areas 22 to 31, which are served Accordingly, I find no error in the This does not mean that the stand by Price Area 1 and Price Area 2 in a Acting Director’s decision that he had ards which were not called into question ratio of approximately 3 to 2, were power under the act to adopt the weighted and which were not applied in this pro given about % of the 20-cent increase average adjustment method. ceeding are to be ignored. If the prices to which Price Area 1 coals are entitled. 2. Consumers’ Counsel argues also that resulting from Docket 21 are not in con And coals shipped into -market areas the weighted average adjustment method formity with the standards of subsections 32 to 41 in which Price Area 2 coals pre represents a poor choice of policy, and (a) and (b), section 4 II (d) affords full dominate over all others by about 3 \to that the use of the automatic adjustment opportunity for producing interests and 1 received an increase of only about method is more consonant with a wise for Consumers’ Counsel to raise objec Vi of that to which Price Area 1 would administration of the act. It is urged, tion. The Director also has power under be entitled. Conversely, even though for instance, that if the weighted aver section 4 n (b) upon complaint or upon Price Area 2 coal would be entitled to no age adjustment method is adopted, every his own motion to institute either par increases if the coordination problem change in a single area’s costs will have ticular or general inquiries into the com were ignored, it obtained in the markets to be the occasion for a general recon pliance of the distribution pattern with, served by Price Area 1 the same price ciliation of that area’s prices with those all standards. By proceeding in the lim increase. In the course of the proceed of other areas and that the size of such ited fashion which I have found to be ing, this method of adjusting existing an undertaking will prevent the Division necessary to permit effective adminis minimum prices became known famil from keeping up with its work. It is tration of the act, the Director assumes iarly as the “weighted average adjust urged, moreover, that adoption and ap added responsibility to police the distri ment” method. plication of the weighted average adjust bution pattern, to keep advised of its An alternative to this method was sug ment method will serve to foster monop adequacy, and to give careful considera gested by Consumers’ Counsel in the oly and to discourage efficient production tion to complaints filed by consuming in shape of what it calls the “automatic innovations, in that it will prevent small- terests who have no power to institute adjustment” method. This proposal is increase producing areas from cutting section 4 II (d) proceedings. substantially that whiclj, in his order for in on the large-increase areas’ selling I therefore deny the petition of As resumption of the hearing, the Director territory, and will require that high- sociated Industries that the increment to proposed using in the absence of pro increase areas be allowed to make up cover the deficiency in realization be sub test. It calls fon a uniform increase of elsewhere what they lose in highly com tracted from the revised minimum prices all existing prices in each Price Area by petitive territory. It is urged, finally, and answer the first question in the the amount needed to compensate for that if application of the automatic ad affirmative. changes in cost. justment method works hardship resort n 1. Consumer’s Counsel first attacks the can be had to 4 II (d) proceedings to The question whether, in revising mini use of the weighted average adjustment rectify the difficulty. mum prices, the Acting Director prop method on the ground that the automatic Much of this line of argument, per erly adopted the so-called weighted adjustment method “is legally required suasive as it is, rests upon the tacit average adjustment method and prop by the Act.” The basis of the conten assumption that the weighted average erly rejected the so-called automatic tion is the provision of section 4 II (a) adjustment method is considerably more adjustment method that “upon satisfactory proof made at than a procedure adapted to the needs any time by any district board of a of the present proceeding. I dcr"not so In an effort to expedite the proceeding understand it. Approval of its use in the Division in effect ordered the parties change in excess of 2 cents per net ton * * * in the weighted average of the the present instance where cost changes to show cause why the existing minimum in practically every area must be taken prices for each area should not be in total costs in the minimum price area * * * the Commission (Division) into account is not equivalent to approval creased by the difference between the of its use in a proceeding in which onljr costs found in General Docket No. 15 shall increase or decrease the minimum one area shows a cost change. Approval and those found here. One of the two prices accordingly.” It seems to me that of its use in this proceeding is not, as broad objections, the claim for a return the contention of Consumers’ Counsel the Director’s opinion itself indicates, an equal to costs, raised by the District that this necessarily imports use of the approval of its use as a permanent petri Boards to this plan has already been automatic adjustment method rests upon fication of the marketing arrangements dealt with. The second objection was an unnecessarily narrow reading of the word “accordingly.” Though, of course, reflected in General Docket No. 15. that the plan would upset the scheme of The Acting Director has had a difficult coordinated prices provided in Docket it would be permissible to do so, I do not understand this statutory language to task to perform. As far as I can see, 15. That objection is considered here. he has performed it wisely and with It may be taken for granted that an mean, that every individual price must be adjusted by the exact amount needed due regard to orderly procedure. There automatic application of the increased was no need for him to make it more realization necessary to return costs to realize the cost change. It can be read, and I read it thus, to mean that the complicated than it already was by un would destroy the coordination pattern dertaking a general inquiry under section of Docket 15. A uniform 20-cent in whole body of prices for a Minimum Price Area shall be adjusted, in the most expe 4 n (b) which might have grown into crease, for instance, in Price Area 1 coal the proportions reached by Docket 15. and no increase in PriGe Area 2 coal dient fashion, to reflect the changes in cost. The adjustment might be made, To have done so might well have slowed as some of the District Boards proposed down all revision of minimum prices by •Dockets: A-371,November 16,1940; A-33Q, months. The Acting Director has, in his December 30, 1940; A-907, June 14, 1941; in this proceeding, by putting the addi A-1218, December 17, 1941; A-1239, December tional cost on particular sizes of coal. Opinion, issued an invitation to the par 27,1941. It might be made, as it was made in this ties to this proceeding to undertake 4 7862 FEDERAL REGISTER, Saturday, October 3, 1942 II (d) proceedings wherever necessary. foregoing questions of law and policy I A hearing having been held before The invitation will, I hope, be accepted find that the determinations should be Charles S. Mitchell, a duly designated Ex shortly. If it is not, the Division may affirmed. It is therefore unnecessary for aminer of the Division at a hearing room wish itself to initiate general or particu me to consider such applications for a thereof in St. Louis, Missouri, on May larized proceedings under section 4 n stay of the effective date of the Acting 22, 1942; (b). At that time, there will be occasion Director’s order as were presented to me. The Examiner having made and en to consider and after full exploration to Accordingly, it is so ordered. tered his Report, Proposed Findings of resolve the grave questions of policy that Dated: September 30, 1942. Fact, Proposed Conclusions of Law, and Consumers’ Counsel has raised and that the Recommendations in the matter would make it difficult to approve the [seal] H arold L. I ckes, Secretary of the Interior. dated August 24, 1942, in which it was use of the weighted average adjustment found that, iespondent, continuously method if it were to stand as a permanent [F. R. Doc. 42-0807; Filed, October 1, 1942; and regularly, during the period October obstacle to modification of the bitumi 4:19 p. m.] 1, 1940, ¿o February 28, 1942, resold coal nous coal distribution system. in less than carload lots to Christ Noeth At the section 4 n (b) or 4 33 (d) and that in said purchases and sales, he hearings, it will be open to the Division F armers U nio n S tate Exchange was under the control of his father, the and the parties upon a full record to said Christ Noeth, financially and other reconsider the whole coordination prob ORDER SUPPLEMENTING ORDER DATED NOVEM wise (a matter not disclosed in his ap lem or appropriate segments of it. It BER 15, 1940, AS AMENDED plication for registration) and was, will be possible then to lay appropriate In the matter of the application of the therefore, not in any way qualified to stress on the importance to the con Farmers Union State Exchange, Omaha, accept or obtain a distributor’s discount sumer and to the national economy of Nebraska, for registration as a bona fide on said transactions and in accepting the statutory command that the coordi and legitimate farmers’ cooperative or and retaining such discounts he violated nated prices be “just and equitable, and ganization. paragraph (h) of the Distributor’s Agree not unduly prejudicial or preferential, The above-named registered farmers’ ment and §§ 304.19 (c) and 304.11 as between and among districts.” At cooperative organization, Registration (c) (s) of the Distributor’s Rules, and that time it can be determined whether No. 2879, having submitted a certified list section 4 H (i) (12) of th ‘e Act and Sec preservation of “existing fair competitive of bona fide and legitimate farmers’ co tion X1JL1 of the Marketing Rules and opportunities” can properly be given the operative organizations which have be Regulations; and great weight that, ex necessitate, it was come members of registrant since the The Examiner having recommended given in this proceeding. The Division therein that an order cancelling and re can then consider whether inter-area issuance of previous orders herein, It is ordered, That Exhibit “A” of the voking the registration of Fred Noeth, cost comparison should not be a major as a registered distributor, Registration test of the fairness of that competition order in the above-entitled matter dated November 15, 1940, as amended July 15, No. 6880, and providing that no petition which is to be preserved as well as an seeking reinstatement as a distributor evident means of reconciling this crite 1941, March 14, 1942 and July 15, 1942, be and the same is hereby further shall be entertained within a period of rion with the “just and equitable” re six months from the date thereof; quirement of the statute. amended by adding thereto the follow ing: An opportunity having been afforded The prospect of such a hearing or to all parties to file exceptions thereto hearings, in other words, assures me that Ad d it io n s and supporting briefs, and no exceptions the Director will be in a position to make Name Address and supporting briefs having been filed; those appropriate readjustments of the Elsie Equity Co-opterative Exchange------Elsie, Nebraska. The undersigned having determined General Docket No. 15 coordination Farmers Union Co-opera after consideration of the record that which will take account, among other tive Association_____ ' Blue Hill, Nebraska. the proposed findings of fact and pro pertinent factors, of the important Farm ers Co-operative posed conclusions of law qf the examiner changes in the coal industry and the Elevator Association__ Lindsay, Nebraska. be approved and adopted as the findings economy generally that have been sug Dated: September 30,1942. of fact and the conclusions of law of the gested in the present proceeding. I undersigned; therefore approve in this respect the [seal] D an H . W heeler, Now, therefore, it is ordered, That the Acting Director’s order. Director. proposed findings of fact and proposed i n [F.R. Doc. 42-8818;—Filed, October 2, 1942; conclusions of law of the examiner be, 10:13 a. m.] and the same are hereby approved and The Question Whether Minimum Prices adopted as the findings of fact and con for Coal Produced in Price Area 2 Were clusions of law of the undersigned; Properly Ordered Changed in This [Docket No. B-222] It is further ordered, That the regis Proceeding tration of Fred Noeth, a registered dis It follows from the discussion of Ques F red N oeth tributor, Registration No. 6880, be and it tions I and n that the contention that order approving and adopting the pro hereby is, suspended for a period of six ¿he Division could not properly order a posed FINDINGS OF FACT, ETC. months from the date of this order. revision of Price Area 2 prices is without It is further drdered, That respondent merit. While it is true that this area Order approving and adopting the pro shall not -evade the effect of such sus-. showed less than the 2-cent change in posed findings of fact, proposed conclu pension,' directly or indirectly, by the cost which is the predicate of action un sions of law, and the recommendation of use of any device such as a sales agency der section 4 n (a) of the act, its change the examiner, and order suspending reg agreement or any other device, and that in cost and its deficiency in realization istration of distributor. such suspension shall not excuse the re could both be taken into account in this This proceeding having been insti spondent from all duties and functions proceeding which necessitated, as I have tuted by the Bituminous Coal Division imposed upon him by the Act, or the said, a reconciliation of prices in all Price pursuant to section 4 H (h) of the Bi rules and regulations thereunder; Areas with each other. Price Area 2 was tuminous Coal Act of 1937 and section It is further ordered, That if .respond in fact one of the Price Areas for which 304.14 of the Rules and Regulations for ent shall not have complied with the relief was asked by several District the Registration of Distributors to de provisions of § 304.15 of the Rules Boards in their petitions under section termine whether Fred Noeth, a registered and Regulations for the Registration of 4 n (d), particularly in Docket A-1423 distributor (Registration No. 6880), Distributors at least five days prior to the consolidated in Docket 21. The order of 2808 East 25th Street, Granite City, Il expiration of such suspension period, the .Acting Director is therefore affirmed linois, has violated the Act, the Rules such suspension shall continue in full in this respect. and Regulations for the Registration of force and effect until five days after the IV the Distributors, the Marketing Rules affidavit required by section 304.15 shall and Regulations incidental to the Sale have been filed with the Division. Upon this review of the determinations and Distribution of Coal, and the Agree It is further ordered, That respond of the Acting Director embraced in the ment by Registered Distributor; ent shall return to the producers all im- FEDERAL REGISTER, Saturday, October 3, 1942 7863 properly collected discounts collected by ing the period from January 3, 1941 to mine. Since, however, this was not the him on coal resold by him to or through May 10, 1941, both dates inclusive, sold violation charged in the complaint, the Christ Noeth, amounting to $1,174.53, to George Pope 759.85 tons of screenings1 Examiner recommended that the com and shall state in the aforesaid affidavit coal produced at his above-mentioned plaint be dismissed. that such refunds have been made. mine. 3. Exceptions to the Examiner’s Re "Dated: September 30, 1942. In a signed statement, Haney admitted port. The principal arguments con that he sold to George Pope, Hamilton, tained in the complainant’s exceptions, [ s e a l ] Dan H. W h e e l e r , Iowa, 266 loads of screenings averaging Director. may be thus summarized: the transac 9500 pounds per load since October 1940, tion was a sale at the mine and the [P. R. Doc. 42-9814; Filed, October 2, 1942; at $1.60 per ton f.o.b. mine less 60 cents producer had no control or title to it 10:13 a. m.] per ton for hauling and handling, “net after the coal left his mine; the record ting” $1.00 per ton f.o.b. mine, and that shows that the coal moved from pro he “sold the coal on this basis, thinking ducer’s mine by truck was sold with the [Docket No. 1727-FD] it was not a violation of the Code. This understanding that title would pass at understanding was gathered from state the mine and that it would move from H aney Coal Company ment made at the meeting held in Knox the mine by truck; the coal was not FINDINGS OF FACT AND MEMORANDUM OPINION ville, Iowa, last winter when it was de sold for rail shipment nor at the ef CONCERNING EXCEPTIONS TO THE EXAM cided the loading dock was considered fective minimum price for rail shipment INER'S REPORT your tipple and shipping point.” by the producer either from the mine or At the hearing the purchaser identi from any other point, and the transac This proceeding was instituted upon a fied an exhibit1 containing a tabulation tion does not have any of the charac complaint dated May 10, 1941, and filed of the sales of the above-mentioned teristics of rail shipments; Haney’s writ with the Division on May 22,1941 by Dis 759.85 tons of coal. A heading entitled ten statement “admitted” that he sold trict Board No. 12, pursuant to the pro “Truck Load Weight” in the exhibit, the coal to Pope “at the mine” at a visions of section 4 II (j) and 5 (b) of the tended to show that Haney sold the coal net price of $1.00 per ton, and the pro Bituminous Coal Act of 1937. The com for shipment by truck. Pope testified, posed findings of the Examiner state plaint alleged that W. J. Haney (Haney however, that he had the coal “hauled that the sales price was $1.00 per ton Coal Company), the code member, wil from the mine to the railroad,” and that f. o. b. the mine; there are no excep fully violated the provisions of the Bitu the coal was by him “in turp” thereupon tions in the truck schedule preventing minous Coal Code or rules and regula “shipped by * * * rail” to the Iowa the prices therein from applying to coal tions thereunder, by selling, for shipment Power and Light Company. The coals sold at the mine and removed there by truck, to George Pope, Hamilton, Iowa, of the Haney Mine were priced only for from by truck, even if such coal is from January 1, 1941 to May 10, 1941, a truck shipment. The effective minimum eventually to be moved by the purchaser substantial number of tons of screenings price for screenings coal produced at via rail and to establish the precedent and mine run coals produced at the code Haney’s Mine, according to the Schedule proposed by the Examiner would pro member’s mine, Mine Index No. 592, in of Effective Minimum Prices for District duce a chaotic condition within the Dis District No. 12, at the price of $1.00 per No. 12 for Truck Shipments, was $1.60 trict, and would involve an attempt of net ton f. o. b. the mine, whereas the ef per net ton f. o. b. the mine. the Division entirely beyond the provi fective minimum price for such screen 2. The Examiner’s Report. The Ex sions of the Act to control the coal after ings is $1.60 per ton f. o. b. the mine, and aminer concluded that the record under its outright sale and movement. The for such mine run coal is $2.70 per ton these circumstances, warranted a finding complainant’s exceptions also requested f. o. b. the mine, and prayed that the that the defendant sold the coal at $1.00 that the Examiner’s recommendation be Division either cancel and revoke Haney’s per net ton f. o. b. the mine; that the disregarded and that instead, the code code membership or, in its discretion, transaction was a sale by the code mem member be found guilty of violating the direct the code member to cease and ber for shipment by rail; that Haney minimum truck prices effective as to the desist from such violations. sold the coal to Pope, who trucked it tonnage, involved in these proceedings. Pursuant to appropriate orders and in facilities furnished by him to a rail after due notice to interested persons, a 4. Discussion and Conclusions. The road ramp at Hamilton, where it was record, unfortunately, is rather scanty. hearing in this matter was held on Sep loaded into railroad cars and shipped by tember 18, 1941, before W. A. Shipman, Some of the conclusions must therefore rail to Pope’s customer, the Iowa Power be reached inferentially. The evidence a duly designated Examiner of the Di and Light Company, and the conclusion vision, at a hearing room thereof in Des regarding the material facts is found in that this coal was sold in a rail trans (1) the testimony of the purchaser, Moines, Iowa. All interested persons action was not in any way dependent weje afforded an opportunity to be pres George Pope; (2) the abbve-mentioned upon whether Haney did or did not know written statement of the producer, dated ent, adduce evidence, cross-examine wit that the coal was to move to its desti nesses, and otherwise be heard. District May 12, 1941; and (3) in the tabulation nation by rail. The Examiner’s Report of the sales compiled from his records. Board No. 12 appeared. The defendant also added that under “recent rulings of did not appear, the Acting Director the physical move The evidence relating to the view that The Examiner, on April 15, 1942, sub the transaction was a sale of coal at the ment of the coal rather than the inten mine is represented by the assertion con mitted his Report, Proposed Findings of tion of the parties controls.” The Ex Fact, Proposed Conclusions of Law, and tained in code member’s written state aminer therefore reached the conclusion ment that the coal “was sold to George upon the basis thereof, recommended that that the violation committed was the sale the complaint herein should be dismissed, Pope, Hamilton, Iowa, at $1.60 per ton of unpriced coal,® as no rail prices had f, o. b. mine,” and also in Pope’s testi without prejudice to the right to institute been .established for the coals of this appropriate proceedings for the violation mony that the code member “received actually committed. $1.00 a ton for the coal at the mine.” Thereafter, opportunity was afforded 1 There was no proof of the sale of any However, Pope likewise testified that he to all parties to file exceptions thereto and mine run coal. paid the producer $1.60 “on* track” 8 By Order of the Acting Director dated thereby establishing that the transaction supporting briefs. On April 23, 1942, the February 9, 1942, duly served upon the de complainant, Bituminous Coal Producers fendant on February 12, 1942, it was provided called for loading on railroad cars, rather Board for District No. 12 filed Exceptions that a copy of this» exhibit should be ac than delivery at the mine. Moreover, the to the Examiner’s Report. cepted for filing herein as Exhibit No. 1 in code member’s signed statement that he 1. The Issue Involved. The facts form this proceeding, unless the defendant showed sold the coal at $1.60 per ton f. o. b. ing the background of the proceeding cause to the contrary within 7 days after the the mine less an allowance of 60 cents per show that W. J. Haney, owner and oper date of service upon him of a copy of such ton for hauling and handling, “netting” exhibit. The defendant has made no ob $1.00 per ton f. o. b. the mine to the coc^e ator of the Haney Coal Company, is a jection to such acceptance of the dShibit. code member in District No. 12. He filed 8 The order in General Docket No. 19, dated member, modifies code member’s refer a code membership acceptance on May October 9, 1940, prohibits the sale by a code ence to “$1.00 * * * at the mine.” 27,1940. He operates a mine, Mine Index member of coal produced by him for which in view of Pope’s tectimony that the $1.60 No. 592, in District No. 12. Haney, dur minimum prices have not been established. price was “on track.” Code member’s No. 195- 7864 FEDERAL REGISTER, Saturday, October 3, 1942 reference to the $1.00 price was merely Order approving and adopting the successors, and assigns, and all persons language used by him to denote what he proposed findings of fact, proposed con acting or claiming to act in their in netted at the mine, but does not establish clusions of law and the recommendation terest, cease and desist and they are the passing of title at the mine in the of the Examiner and cease and desist hereby permanently enjoined and re sense of code member’s nonresponsibility order. strained from selling or offering to sell for the rail phase of the shipment. The A complaint, pursuant to section 4 n coal below the prescribed minimum code member made an allowance for (j) and 5 (b) of the Bituminous Coal Act prices therefor and from violating the transportation and hauling to the cars. of 1937, having been filed with the Bi Bituminous Coal Act, the Schedule of This created an inference (which was tuminous Coal Division on April 23,1942, Effective Minimum Prices for District No. uncontroverted) that code member had by Bituminous Coal Producers Board for 9 for Truck Shipment, the Bituminous knowledge of, and therefore was a party District No. 9, alleging that D. H. Wal Coal Code and the rules and regulations to the ultimate rail shipment. There trip, N. H. Waltrip, and D. H. Waltrip, thereunder; fore, the Examiner’s finding that the Jr., individually and as co-partners, do It is further-ordered, That the Division sales price was $1.00 per ton “f. o. b. the ing business under the name and style may, upon failure of code member herein mine” must be understood in this sense. of Waltrip & Sons, a code member, in to comply with this order forthwith, This conclusion is not altered by Pope’s District No. 9, had violated the provisions apply to the Circuit Court of Appeals testimony that he had the coal hauled of the Bituminous Coal Code and the within any circuit where the code mem from the mine to the railroad. The mere Rules and Regulations therein, and pray ber carries on business for the enforce physical handling of the coal from the ing that the Division either cancel or ment thereof, or take any appropriate mine to the railroad cars by "the pur revoke the code membership of code action. . chaser does not alter the comprehended member or, in its discretion, direct the Dated: September 30, 1942. mode of transportation by a combination code member to cease and desist from [ seal] D an H. W heeler, of methods, namely, first by truck to the violations of the Code or Rules and Reg Director. railroad ramp, and then by rail. ulations therein; Under these circumstances, the Ex A hearing having been held before [F. R. Doc. 42-9816; Filed, October 2, 1942; aminer properly found that the trans Joseph A. Huston, a duly designated 10:14 a. m.] action was a sale of coal for shipment Examiner of the Division, at a hearing by rail. However, even if, as District room thereof in Owensboro, Kentucky, Board No. 12 contends, code member on June 19, 1942; Haney did not so intend it, in my view, The Examiner having made and en DEPARTMENT OF LABOR. the Examiner’s decision was nonetheless tered in his Report Proposed Findings proper. I have already ruled in Dockets of Fact, Proposed Conclusions of Law Wage and Hour Division. Nos. B-13, B-68, and B-69, to name a and Recommendation in the matter Learners E mployment Certificates few, that where coal is shipped in part dated August 27, 1942, in which it was by rail to a retailer or consumer, it is found that code member wilfully vio ISSUANCE TO VARIOUS INDUSTRIES essentially not a shipment to which prices lated section 4 H (e) of the Act and Notice of issuance of special certificates established in the truck schedules apply. Part II (e) of the Code, which prohibits for the employment of learners under the The prices established in the truck sched the sale of coal below the effective min Fair Labor Standards Act of 1938. ules apply only to shipments exclusively imum price, by selling to Thurman Van- Notice is hereby given that special cer by truck. I find nothing in the excep over of Utica, Kentucky, 82.40 tons of tificates authorizing the employment of tions that warrants my changing this %" x 0 screenings (Size Group 14) pro learners at hourly wages lower than the position. Therefore, I conclude that Ha duced at the Waltrip Mine, Mine Index minimum wage rate applicable under ney violated the order in General Docket No. 283, at a price of 37.5 cents per net section 6 of the Act are issued under No. 19, but that since this violation was ton, f. o. b. the mine, and that under section 14 thereof, Part 522 of the Regu not charged and the violation charged the Schedule of Effective Minimum lations issued thereunder (August 16, was not established, the complaint should Prices for District No. 9 for Truck Ship 1940, 5 F.R. 2862, and as amended June be dismissed. The exceptions to the Ex ments, the minimum price for such coal 25, 1942, 7 F.R. 4723), and the Determi aminer’s Report are overruled and the was $1.10 per net ton, f. o. b. the mine; nation and Order or Regulation listed be proposed findings of fact and proposed and low and published in the F ederal R eg conclusions of law of the Examiner will The Examiner having recommended ister as here stated. be adopted as the findings of fact and therein that an order be entered direct Apparel Learner Regulations, Septem conclusions of law of the undersigned. ing the code member to cease and de ber 7, 1940 (5 F.R. 3591). Now, therefore, it is ordered, That the sist from violating the Act, the Schedule Single Pants, Shirts and Allied Gar proposed findings of fact and proposed of Effective Minimum Prices for District ments, Women’s Apparel, Sportswear, conclusions of law of the Examiner be, No. 9 for Truck Shipment, and the Rules Rainwear, Robes, and Leather and and they hereby are, approved and and Regulations thereunder; Sheep-Lined Garments Divisions of the adopted as the findings of fact and An opportunity having been afforded to Apparel Industry, Learner Regulations, conclusions of law of the undersigned. all parties to file exceptions thereto and July 20, 1942 (7 F.R. 4724). It is further ordered, That the com supporting briefs and no such exceptions Artificial Flowers and Feathers Learner plaint herein be, and it hereby is, dis and supporting briefs having been filed Regulations, October 24, 1940 (5 F.R. missed, without prejudice. thereto; 4203). Dated: September 30, 1942. The undersigned having determined Glove Findings and Determination of after consideration of the record that February 20,1940, as amended by Admin [seal] D an H. W heeler, the proposed findings of fact and pro Director. istrative Order of September 20, 1940 (5 posed conclusions of law of the Exam F.R. 3748). |F . R. Doc. 42-9815; Filed, October 2, 1942; iner should be approved and adopted as Hosiery Learner Regulations, Septem 10:13 a. m.] the findings of fact and conclusions of ber 4, 1940 (5 F.R. 3530). law of the undersigned; Independent Telephone Learner Regu Now, therefore, it is ordered, That the lations, September 27,1940 (5 F.R. 3829). proposed findings of fact and proposed Knitted Wear Learner Regulations, [Docket No. B-248] conclusions of law of the Examiner be, October 10, 1940 (5 F.R. 3982). and the same are hereby approved and Millinery Learner Regulations, Custom W altrip' and S ons adopted as the findings of fact and the- Made and Popular Priced, August 29, conclusions of law of the undersigned; 1940 (5 F.R. 3392, 3393). CEASE AND DESIST ORDER, ETC. It is further ordered, That D. H. Wal Textile Learner Regulations, May 16, In the matter of D. H. Waltrip, N. H. trip, N. H. Waltrip, and D. H. Waltrip, 1941 (6 F.R. 2446). Waltrip, and D. H. Waltrip, Jr., indi Jr., individually and as co-partners, do Woolen Learner Regulations, October vidually and as co-partners, doing busi ing business under the name and style of 30, 1940 (5 F.R. 4302). ness under the name and style of Waltrip Waltrip & Sons, their representatives, Notice of Amended Order for the Em & Sons, code member. agents, servants, employees, attorneys, ployment of Learners in the Cigar Manu- FEDERAL REGISTER, Saturday, October 3, 1942 7865 facturing Industry, July 20, 1941 (6 F.R. one issued to you bearing the expiration Hickory Knitting Mills, Hickory, North 3753). date March 21, 1943.) Carolina; Seamless; 5 learners (T) Octo The employment of learners- under New Era Shirt Company, 901 Lucas ber 1, 1943. these certificates is limited to the terms Avenue, Saint Louis, Missouri; Shirts; 10 Lincoln Hosiery Company, Lincoln, and conditions as to the occupations, percent (T ); October 1, 1943. Pennsylvania; Seamless; 5 learners (T) ; learning periods, minimum wage rates, Oakdale Manufacturing Co., J. P. Wil October 1,1943.« et cetera, specified in the Determination liams, Receiver, Gate City, Virginia; The Nocturne Corporation, Willow- and Order or Regulation for the industry Shirts; 50 learners (E ); April 1, 1943. brook Avenue and Trade Street, Rock designated above and indicated opposite Quaker City Pant & Overall Company, Hill, South Carolina; Full-fashioned; 5 the employer’s name. These certificates 421-27 ~Arch Street, Philadelphia, Penn percent (T ); October 1,1943. become effective October 1, 1942. The sylvania; Pants, Overalls; 2 learners (T1; Nolde & Horst Company of Tennessee, certificates may be cancelled in the man October 1, 1943. McMinnville, Tennessee; Seamless; 5 ner provided in the Regulations and as Rock Hall Manufacturing Company, percent (T ); October 1, 1943. indicated in the certificates. Any per Rock Hall, Maryland; Men’s Shirts, Boys’ Ragan Knitting Company, 7 Cox Ave son aggrieved by the issuance of any of Shirts; ten percent (T ); October 1, 1943. nue, Thomasville, North Carolina; Seam these certificates may seek a review or Rugby Knitting Mills, Inc., 1021 Main less; 5 percent (T ); October 1, 1943. reconsideration thereof. Street, Buffalo, New York; Windbreakers, Renfro Hosiery Mills, Mt. Airy, North N a m e a n d A d d ress o f F i r m , I n d u s t r y , P rod Beachwear, Sports Lumber Jackets and Carolina; Seamless; 5 percent (T ); Oc u c t , N u m b e r o f L e a r n e r s a n d E x p ir a t io n Leisure and Fingertip Coats; 10 percent tober 1, 1943. D ate (T ); October 1, 1943. Sulloway Hosiery Mills, Inc., River Apparel Boris Smoler & Sons, Crawford & Pros Street, Franklin, New Hampshire; Seam pect Streets, Elkhart, Indiana; Wash less; 5 percent (T ); October 1,1943. Ber-Wed Manufacturing Co., Inc., 729 Dresses and Mosquito Bars; 5 learners Summers Hosiery Mills, Inc., 620 North East Elizabeth Street, Linden, New (T); October 1, 1943. Shaver Street, Salisbury, North Caro Jersey; Men’s Underwear; 5 learners (T ); Style Kraft Shirt Manufacturing Co., lina; Seamlessi 5 learners (T ); October October 1, 1943. Inc., 350 Rector Street, Perth Amboy, 1, 1943. Crescent Neckwear Co., 355 Marietta New Jersey; Men’s Shirts; 48 learners Willstrut Hosiery Mill, 16308 Foothill Street, Atlanta, Georgia; Neckties; 5 (E ); April 1, 1943. Boulevard, San Lea^ndro, California; learners (T ); October 1, 1943. Seamless and Full-fashioned; 5 learners Harvard Clothes, Inc., 21112th Avenue, Gloves (T ); October 1,1943. South Wisconsin Rapids, Wisconsin; Carlinville Glove Company, Inc., Daley Men’s Suits, Topcoats and Overcoats; 5 Street, Carlinville, Illinois; Work Gloves; Independent Branch of the Telephone learners (T ); October 1,1943. 10 learners (E ); April 1, 1943. Industry Jacob Siegel Company, 317 North Broad Carlinville Glove Company, Inc., Daley Central Iowa Telephone Company, Street, Philadelphia, Pennsylvania; Men’s Street, Carlinville, Illinois; Work Gloves; Cedar Rapids, Iowa; to employ learners Overcoats; 5 percent (T ); October 1, 5 learners (T ); October 1, 1943. as commercial switchboard operators at 1943. Fournier Glove Company, 18 Railroad its Belle Plaine, Iowa Exchange at 815 Single Pants, Shirts and Allied Garments, Avenue, Patchogue, New York; Leather 13th Street, Belle Plaine, Iowa; until Women’s Apparel, Sportsioear, Rain Dress and Work Gloves and Mittens; 3 October 1, 1943. wear, Robes, and Leather and Sheep- learners (T ); October 1, 1943. McLeod County Telephone Company, Lined Garments Divisions of the Ap Marcel Wagner Gloves, Inc., 95 Madi Glencoe, Minnesota; to employ learners parel Industry son Avenue, New York, New York; Fab as commercial switchboard operators at ric Gloves and Leather Dress Gloves; 3 its Glencoe Exchange, located at Glencoe, Biberman Brothers, Inc., Northum learners (T ); October 1, 1943. Minnesota; until October 1, 1943. berland, Pennsylvania; Daytime Dresses: Mid West Glove Company, 1474 Mil 10 percent (T ); October 1, 1943. waukee Avenue, Chicago, Illinois; Textile Industry The Enro Shirt Company, 1018 S. Pres Leather Dress and Work Gloves; 5 learn ton Street, Louisville, Kentucky; Men’s Mary Ann Mats, Inc., King Street, ers (T ); October 1, 1943. Calhoun, Georgia; Cotton; 5 percent Shirts and-Pajamas; 10 percent (T); Proper Maid Silk Manufacturing Co., (T ); October 1, 1943. October 1, 1943. Inc., 3-5 Yeoman Street, Amsterdam, J. Freeser & Son, Inc., Rural Retreat, New York; Knit Fabric Gloves; 5 learners Stehli & Company, Inc., Wolfe Street, Virginia; Men’s Cotton Dress Shirts; 10 (T ); October 1, 1943. Harrisonburg, Virginia; Rayon Throw percent (T ); October 1, 1943. ing; 3 percent (T ); Ocober 1, 1943. Halline Dresses, Inc., Sweetwater, Ten Hosiery Williams Banding Works, Ozark Street, nessee; Knitted Outerwear Garments; 1 Beloit Hosiery Company, 206 Wheeler Gastonia, North Carolina; Textile Bands; learner (T ); October 1, 1943. Avenue, South Beloit, Illinois; Seamless; 3 learners (T ); October 1, 1943. Jean Sportswear Company, 718 Cherry 5 percent (T ); October 1,1943. • Signed at New York, N. Y., this 29th Street, Philadelphia, Pennsylvania; Bradley Full Fashioned Hosiery Com day of September, 1942. Jackets, Skirts, Dresses and Blouses; 3 pany, Broad Street, Cleveland, Tennes M erle D. Vincent, learners (T ); October 1, 1943. see; Full-fashioned; 5 learners (T); Authorized Representative Kentucky Pants Company, Inc., 117 October 1, 1943. of the Administrator. North Race Street, Glasgow, Kentucky; Burson Knitting Company, South Main Work Pants; 10 percent (T); October 1, and Cedar Streets, Rockford, Illinois; [F. R. Doc. 42-9810; Filed, October 1, 1942; 1943. Seamless; 5 percent (T ); October 1,1943. 5:07 p. m.] H. W. Lawson Manufacturing Co., 745 Chipman LaCrosse Hosiery Mills Co., South Los Angeles Street, Los Angeles, Inc., East Flat Rock, North Carolina; California; Rayon and Cdtton Dresses Seamless; 5 learners (T ); October 1,1943. and Flannelette Sleeping Garments; 6 J. A. Cline & Son, Hildebran, North Car CIVIL AERONAUTICS BOARD. learners (T ); October 1, 1943. (This olina; Seamless; 5 percent Regulation No. 147 from the applicable Issued this 1st day of October 1942. be the seller’s maximum price _for such emergency basing point. cut as determined under the provisions L eon H enderson, (b) The permission herein granted to Administrator. of § 1364.32 of Maximum Price Regula the Pittsburgh Screw and Bolt Corpora tion No. 148. tion is subject to the condition that a [F. R. Doc. 42-9782; Filed, October 1, 1942; (d) All prayers of the petition not monthly report be filed with the Office 3:31 p. m.] granted herein are denied. of Price Administration stating (1) the (e) This Order No. 26 may be revoked amount of each shipment which has been or amended by the Price Administrator made on -tin emergency basing point [Order 26 Under Maximum Price Regulation at any time. basis, (2) the points of shipment and de 148—Dressed Hogs and Wholesale Pork (f) Unless the context otherwise re livery, and the governing and emergency Cuts—Docket 3148-94] quires, the definitions set forth in basing points for such shipment, (3) the § 1364.32 of Maximum Price Regulation amount of freight that it would other H erman S ausage F actory No. 148 shall apply to terms used herein. wise have been forced to absorb on such ORDER GRANTING PETITION FOR ADJUSTMENT (g) This Order No. 26 shall become shipment, and (4) the name and address effective October 1, 1942. of the purchaser. On September 4, 1942, the Herman (c) All prayers of the petition ncft Sausage Factory, Incorporated, Tampa, Issued this 1st day of October 1942. granted herein are hereby denied. Florida, doing business as the Herman Leon H enderson, (d) This Order No. 13 may be revoked Sausage Factory, Incorporated and the Administrator. or amended by the Price Administrator Florida Packing Company, hereafter re at any time. [F. R. Doc. 42-9781; Filed, October 1, 1942; ferred to as the Herman Sausage Fac 3: 30 p. m.] (e) The definitions set forth in § 1368.8 tory, Incorporated, filed a petition dock of Maximum Price Regulation No. 147 eted as a petition for an adjustment pur shall apply to the terms used herein. suant to § 1364.29 (a) of Maximum Price (f) This Order No. 13 shall become Regulation No. 148. Due consideration SECURITIES AND EXCHANGE COM effective October 2, 1942. has been given to the petition, and an MISSION. Issued this 1st day of October 1942. opinion in support of this Order No. 26 [File No. 70-592] has been issued simultaneously herewith Leon H enderson, and has been filed with the Division of N ational G as & E lectric Corporation Administrator. the Federal Register. For the reasons NOTICE OF AND ORDER FOR HEARING [P. R. Doc. 42-9784; Piled, October 1, 1942; set forth in the opinion, under the au At a regular session of the Securities 3:31 p. m.] thority vested in the Price Adminis and Exchange Commission held at its of trator by the Emergency Price Control fice in the City of Philadelphia, Pennsyl Act of 1942, and in accordance with Pro vania, on the 30th day of September, [Order 25 Under Maximum Price Regulation cedural Regulation No. 1, issued by the A. D. 1942. 148—rOressed Hogs and Wholesale Pork Office of Price Administration, It is Cuts—Docket 1148-84-P] hereby ordered: A declaration and amendments thereto (a) The Herman Sausage Factory, In pursuant to the Public Utility Holding N elson D avis & S on corporated may sell and deliver, and Company Act of 1935, having been duly filed with this Commission by National ORDER GRANTING PETITION FOR ADJUSTMENT agree, offer, solicit and attempt to sell Gas & Electric Corporation, a registered On July 20, 1942, Nelson Davis & Son, and deliver, the kinds of wholesale pork cuts referred to in paragraph (b), at holding company with respect to the re Austin, Texas, duly filed a protest which prices not in excess of those stated in classification of its authorized capital the Administrator pursuant to Rule 33 such paragraph. Any person may buy stock by changing its presently outstand of Procedural Regulation No. 1 is treat and receive such kinds of Wholesale pork ing no par common stock having a stated ing as a petition for adjustment filed pur cuts at such prices from the Herman value of $3,705,904.08 to the same number suant to § 1364.29 (a) of Maximum Price Sausajge Factory, Incorporated; of shares of $5 par value common stock Regulation No. 148. Due consideration having an aggregate par value of has been given to the petition, and an (b) $2,241,762.73, which declaration states opinion in support of this Order No. 25 Cents per pound that the proposed reclassification is to has been issued simultaneously herewith Regular hams, fresh or frozen------27 be effected by the adoption of amend Regular hams, smoked------29 and has been filed with the Division of Skinned hams, fresh or frozen______28 y2 ments to the Certificate of Incorporation, the Federal Register. For the reasons Skinned hams, * smoked____ :------32 as amended, of National Gas & Electric set forth in the opinion, under the au Skinned shoulders, fresh or frozen------26 y2 Corporation, and that, in connection with thority vested in the Price Administra Butts, bone in, smoked______3 0 ^ the proposed reclassification, National tor by the Emergency Price Control Act Loins, fresh or frozen,______29i/j Gas & Electric Corporation will restate of 1942, and in accordance with Pro Loins, smoked______32 certain accounts to be effective as at cedural Regulation No. 1, issued by the Picnics, smoked______25 March 31, 1942 and for the purpose of Office of Price Administration, It is Rib bellies, smoked______22 (a) creating a capital surplus in the hereby ordered: Rough rib bellies, smoked, rib and loin amount by which its stated capital is (a) Nelson Davis & Son may sell and in______25 reduced; (b) eliminating certain so- deliver, and agree, offer, solicit and at (c) The permission granted to the called assets now carried on its books; tempt to sell and deliver Hormel’s Spam Herman Sausage Factory, Incorporated (c) writing-down its investments in two at a price not in excess of $8.20 per case. in this Order No. 26 is subject to the subsidiary companies; and (d) creating Any person may buy and receive, and following conditions: that the several two reserves, namely, a reserve for in agree, offer, solicit and attempt to buy prices specified in paragraph (b) shall vestments in certain subsidiary compa and receive Hormel’s Spam at such price apply only during the period April 1 to nies and a reserve for possible unbilled from Nelson Davis & §on. November 30, inclusive, of any year dur expense charges incurred prior to March (b) All prayers of the petition not ing which Maximum Price Regulation No. 31, 1942; and granted herein are denied. 148 is in effect and that during the period Notice having been given by the Com (c) This Order No. 25 may be revoked December 1 to March 31, inclusive, the mission of the filing of said declaration or amended by the Price Administrator maximum price at which the Herman by publication in the F ederal R egister at any time. Sausage Factory, Incorporated may sell and otherwise as provided by Rule U-23 (d) Unless the context otherwise re or deliver or agree, offer, solicit, or at under said Act; quires* the definitions set forth in tempt to sell or deliver and at which The Commission having considered § 1364.32 of Maximum Price Regulation any person may buy or receive or agree, said declaration, and it appearing to the No. 148 shall apply to terms used herein. offer, solicit, or attempt to buy or re Commission that it is appropriate and (e) This Order No. 25 shall become ceive from the Herman Sausage Factory, in the public interest and the interest of effective October 1, 1942. Incorporated each pork cut specified shall investors and consumers that a hearing 7868 FEDERAL REGISTER, Saturday, October 3, 1Ù42 be held with respect to said declaration sylvania, on the 29th day of September, gether with all other funds held as Trus and that said declaration shall not be A. D., 1942. tee, will be paid by said Trustee to East come effective except pursuant to further In the Matter of O. M. Mull and John Coast Public Service Company, the order of the Commission, and that at said W. Perry, trustees of Northwest Carolina holder of all of the outstanding bonds hearing there be considered, among other Utilities, Incorporated. of Northwest Carolina Utilities, Incorpo things, the various matters hereinafter Notice is hereby given that an appli rated. All of the securities of Northwest set forth: cation for approval of a plan or reorgani Carolina Utilities, Incorporated, will be It is ordered, That a hearing on such returned to said company which will be matter under the applicable provisions zation of Northwest Carolina Utilities, liquidated and dissolved by the appli of said Act and the rules of the Commis Incorporated, a subsidiary of East Coast cants. sion thereunder be held on October 13, Public Service Company, a registered The application states that the earn 1942, at 10:00 o’clock in the forenoon of holding company, has been filed with this ings of Northwest Carolina Utilities, In that day, E. W. T., at the offices of the Commission pursuant to section 11 (f) corporated, are not sufficient to meet Securities and Exchange Commission, of the Public Utility Holding Company its current interest obligations, any pay 18th and Locust Streets, Philadelphia, Act of 1935. The application was filed by ment on account of the accrued and Pennsylvania, in such room as may be O. M. Mull and John W. Perry, Trustees unpaid interest on its outstanding First designated by the hearing-room clerk in appointed by the District Court of United Mortgage Bonds, and the principal of Boom 318. States for the Western District of North its Bonds when and as the same mature. It is further ordered, That Willis E. Carolina in a reorganization proceedings The application further states' that in Monty or any other officer or officers of pursuant to Chapter X of the “Bank view of the operating problems of North the Commission designated by it for that ruptcy Act” and involving said Northwest west Carolina Utilities^Incorporated, its purpose shall preside at any such hear Carolina Utilities, Incorporated. All in inability to finance improvements, and ings in such matter. The officer so desig terested persons are referred to said ap the requirements of Section 11 of the nated to preside at any such hearing is plication, which is on file in the office Public Utility Holding Company Act of hereby authorized to exercise all powers of this Commission, for a statement of 1935, the sale of its property seems de granted to the Commission under section the transactions therein proposed, which sirable. 18 (c) of said Act and to a trial examiner are summarized as follows: I t is ordered, That a hearing on said under the Commission’s Rules of Practice. East- Coast Public Service Company application under the applicable pro Notice of such hearing is hereby given owns all of the securities of Northwest visions of said Act and rules of the Com to National Gas & Electric Corporation Carolina Utilities, Incorporated, (except mission thereunder be held on October and to any other person whose participa directors’ qualifying shares), such se 14,1942 at 10:00 o’clock, A. M., E. W. T., tion in such "proceeding may be in the curities consisting as at August 1, 1942, at the offices of the Securities and Ex public interest or for the protection of of $620,944.66 principal amount of First change Commission, 18th and Locust investors or consumers. It is requested Mortgage Bonds with $78,800.34 of ac Streets, Philadelphia, Pennsylvania. On that any person desiring to be heard or crued and unpaid interest thereon and such day the hearing-room clerk in to be admitted as a party to such pro 1,000 shares of no par capital stock with Room 318 will advise as to the room ceeding shall file a notice to that effect a stated value of $544,420.66, all of which where such hearing will be held. Notice with this Commission on‘or before Oc are pledged by East Coast Public Service is hereby given of said hearing to the tober 9, 1942. Company to secure $1,896,500 principal above-named applicants and to East It is further ordered, That, without lim amount of its First Lien Collateral 4% Coast Public Service Company, and to iting the scope of issues presented *by Bonds, Series A, due August 1,1948. The all interested persons, said notice to be said application or déclaration, particu proposed reorganization plan contem given to said applicants and East Coast lar attention will be directed at said hear plates certain transactions which, when Public Service Company by registered ing to the following matters and ques consummated, will bring about the com mail and to all other persons by publi tions: plete liquidation and dissolution of cation in the F ederal R egister. (1) Whether the proposed reclassifi Northwest Carolina Utilities, Incorpo It is further ordered, That Richard cation of capital by National Gas & Elec rated, and the distribution of its assets Townsend or any other officçr or officers tric Corporation meets the requirements among its creditors according t© their of the Commission designated by it for of section 7 of said Act; respective rights and priorities. The plan that purpose shall preside at the hear (2) Whether the proposed reclassifi proposes the sale of all of the properties ings in such matter. The officer so des cation of capital and the accounting ad of Northwest Carolina Utilities, Incorpo ignated to preside at any such hearing justments in connection therewith to be rated, (except, generally speaking, cash is hereby authorized to exercise all pow made by National Gas & Electric Cor and securities, consumers’ merchandise ers granted to the Commission under poration (a) will result in an unfair or notes and accounts receivable, and any section 18 (c) of said Act and to a trial inequitable distribution of voting power properties which are located outside the examiner under the Commission’s Rules among the holders of that company’s counties of Madison, Mitchell, and Yan of Practice. securities or (b) will otherwise be det cey, North Carolina, which will be liqui It is further ordered, That without rimental to the public interest or the dated and the cash proceeds collected by limiting the scope of issues presented interest of investors or consumers; and said applicants) to French Broad Elec by said application to be considered in (3) Whether it is necessary for the tric Membership Corporation at a base this proceeding, particular attention will Commission to attach any terms or con purchase price of $340,000, subject to cer be directed at the hearing to the follow ditions to any order permitting said dec tain adjustments. Hie proceeds of the ing matters and questions: laration to become effective. above-mentioned sales, including an £ (1) Whether the proposed reorgani By the Commission. amount to be held by the Court pending zation plan is fair and equitable to the adjudication of certain flood damage persons affected thereby; [seal] Orval L. D uB ois, suits, will be applied to the payment (a) Secretary. of all costs and expenses of the reor (2) Whether the proposed plan is ganization proceeding, (b) of the cur feasible; [F. R. Doc. 42-9795; Filed, October 1, 1942; (3) Whether the purchase price to be 3:43 p.m.] rent indebtedness of Northwest Carolina Utilities, Incorporated, (c) of reasonable received by said applicants for the sale and necessary expenses incurred in the of the properties of Northwest Carolina defense of a suit brought under the Fair Utilities, Incorporated, is reasonable; [File No. 52-20] Labor Standards Act by a former em (4) Whether the proposed use of the N orthwest Carolina U tilities, I nc. ployee of Northwest Carolina Utilities, proceeds is detrimental to the public in Incorporated, and (d) to City Bank terest or the interest of investors; NOTICE OF FILING AND ORDER FOR'HEARING Farmers Trust Company, Trustee under (5) Generally speaking, whether the At a regular session of the Securities the Trust Indenture of Northwest Caro proposed plan may be approved by this and Exchange Commission, held at its lina Utilities, Incorporated, of the entire Commission under section 11 (f) of the Office in the City of Philadelphia, Penn balance remaining which amount, to Public Utility Holding Company Act of FEDERAL REGISTER, Saturday, October 3, 1942 7869 1935 and whether such plan is consist ests thereof and the properties owned or if any, of said holding company system ent with or complies with section 11 (b) controlled thereby, and the files and rec is located in Massachusetts. thereof. ords of the Commission with respect 8. Under the terms of section 11 (b) (1) By the Commission. thereto, and said examination having dis and especially Clause (B) thereof, New [seal] Orval L. D uB ois, closed data establishing or tending to England Gas and Electric Association Secretary. establish that: cannot retain any interest in public util 1. New England Gas and Electric As ities operating in Maine. [F. R. Doc. 42-9793; Filed, October 1, 1942• sociation is a Massachusetts Voluntary 9. The public utility companies oper 3:44 p. m.] Association formed under a Declaration ating in Massachusetts and New Hamp of Trust dated December 31, 1926 shire constitute more than a single in (amended July 20,1932), under which its tegrated public utility system and sys [Pile No. 59-56] Trustees hold investments in subsidiaries tems additional thereto which may be with properties operating in the States retained by New England Gas and Elec N ew E ngland G as and Electric Associa of Massachusetts, New Hampshire and tric Association, pursuant to the pro tion, R espondent Maine. New England Gas and Electric visions of section 11 (b) (1), and espe NOTICE OP AND ORDER FOR HEARING Association is a holding company, as de cially Clauses (A) and (C) thereof. fined in the Act, and is registered as such, 10. The business conducted by Cam At a regular session of the Securities pursuant to the provisions of Section 5 bridge Steam Corporation is not reason and Exchange Commission held at its of the Public Utility Holding Company ably incidental, or economically neces office in the City of Philadelphia, Pa., on Act of 1935. sary or appropriate, to the operations of the 26th day of September, 1942. 2. The subsidiary companies embraced any of the electric or gas utility systems I in the holding company system of New operated by the companies named in England Gas and Electric Association, paragraph 2 above which are located in The Commission having examined the the states in which the businesses of such Massachusetts or New Hampshire. corporate structure of New England Gas companies are conducted, type of busi and Electric Association, and its subsid ness conducted, together with gross prop m iary companies, the relationship among erty accounts as of December 31, 1941, It, therefore, appearing to the Com the companies of the holding company and their gross revenues for the year mission, in the light of the foregoing, that system of New England Gas and Electric 1941, are as shown in the following it is appropriate and in the public inter Association, the character of the inter- schedule: est, and in the interest of investors and consumers, to institute proceedings Gross against New England Gas and Electric Name of company Location Type of company property Gross Association, under section 11 (b) (1) of per books revenues ------L__ the Public Utility Holding Company Act of 1935, to determine whether certain Appliance Credit Corporation >__ ;______.... Massachusetts__ Service.. orders should be entered pursuant to the Cambridge Electric Light Com pany...” ” .! " Massachusetts__ Electric. $8,575,848 $3,314,846 Cambridge Gas Light Company______Massachusetts__ Gas___ 3.800, 777 1,384,538 provisions of section 11 (b) (1). Cambridge Steam Corporation...... ;__ Massachusetts__ Steam... 16,239 262,988 Wherefore it is ordered, That proceed Cape & Vineyard Electric Corporation_____ Massachusetts__ Electric. 5,224, 517 1,362,832 Dedham and Hyde Park Gas and Electric Massachusetts... Gas___ 922, 782 292,775 ings be instituted pursuant to section 11 Company. (b) (1) of the Act and that New England The Derry Electric Company:______New Hampshire. Electric______825,307 321,551 International Power Company______Maine...... Generating__ _ 43,093 32,802 Gas and Electric Association is hereby Kittery Electric Light Company__ !!!!!!!!!" Maine...... Electric...... 311.841 137,249 made the respondent herein, and that The Lamphrey River Improvement Company. New Hampshire. Generating.__ 199,355 19,926 said respondent shall file with this Com Marion Gas Company______Massachusetts__ Gas...... 59,815 12,273 Marlborough-Hudson Gas Company______, M assach usetts Gas...... 522,341 137,900 mission, on or béfore November 5, 1942, Milford Gas Light Company...... Massachusetts... G as...... 211, 593 65,604 an answer admitting, denying or other Negea Service Corporation...... i _____ •!_” ” . M assachusetts... Service...... 38,868 New Bedford Gas and Edison Light Company Massachusetts... Gas & Electric. 19, 629,178 *6,'35Ó,'5ÌÌ wise explaining its positions with respect New Hampshire Gas and Electric Company... New Hampshire. Electric______4,115, 635 1, 215,003 to each of the factual allegations set Plymouth County Electric Company______Massach usetts... Electric____ _ 2,732, 939 914,489 Plymouth Gas Light Company...... M assachusetts... G as...______268, 987 65,516 forth in paragraphs 1 to 4 hereof, in Provincetown Light and Power Company.!!.] Massachusetts... Electric______474, 526 133, 612 clusive, and with respect to the allega St. Croix Electric Company...______.... Maine______Electric______334.841 82,734 tions set forth in paragraphs 5 to 11 Western Hancock Electric C om pany...... M assachusetts... Electric______5,058 1,868 Worcester Gas Light Company______M assachusetts... Gas______9.800, 595 2, 286,374 hereof, inclusive. Such answer may also include a statement by the respondent of Merged with Negea Service Corporation May 1,1942. (See Holding Company Act Release No. 3477.) its views as to what constitutes the “single integrated public utility sys 3. All of the subsidiaries named in H tem”, if any, which it wishes to retain, paragraph 2 above, with the exception of and as to what additional systems and Appliance Credit Corporation, Negea The Commission having been advised other businesses, if any, it believes can Service Corporation, and Cambridge by its Public Utilities Division that the in be retained with such system under the Steam Corporation, are public utility formation set out in Part I hereof and applicable standards of section 11 (b) companies within the meaning of the Act. other and further information contained (1). Such answer may also include a Appliance Credit Corporation and Negea in the Commission’s public official files statement as to what action respondent Service Corporation, as of December 31, tends to show that: deems to be necessary and appropriate 1941, were service companies for the New 5. The properties operated by the com and which it is prepared to take for the England Gas and Electric Association panies listed in paragraph 2 of this notice purpose of limiting the operations of its holding company system. Cambridge and order constitute more than a single holding company system to a single inte Steam Corporation is engaged in the dis grated public utility system, together tribution and sale of steam for heating integrated public utility system as defined^ with such additional systems and other purposes. by section 2 (a) (29)' of the Act. businesses as can be retained under the 4. For the year ended December 31, 6. The properties operated by the com standards of section 11 (b) (1) of the 1941, the consolidated operating revenues panies listed in paragraph 2 of this notice Act. of the New England Gas and Electric As and order constitute more than a single It is further ordered, That a hearing sociation and its subsidiaries were as integrated public utility system and sys be held on the 30th day of November follows : tems additional thereto, which may be 1942, at 10:00 o’clock A. M. at the offices Operating Revenues: retained under section 11 (b) (1) of the of the Securities and Exchange Commis Electric------J______$11,007,461.94 Act. sion, 18th and Locust Streets, Philadel Gas ...... ' 5,054,067.25 7. The assets of the holding company phia, Pennsylvania, in such room as may Steam heating______262, 988.13 system are located in Massachusetts, New be designated on said day by the hearing Hampshire, and Maine; the principal or room clerk in Room 318, at which hear Total operating revenues 16,324, 517.32 “single” integrated public utility system, ing the respondent and any other inter- 7870 FEDERAL REGISTER, Saturday, October 3, 1942 ested persons shall be given an oppor mon control with any such single in talities of one or more States, munici tunity to be heard with respect to the tegrated public utility system under the palities or other political subdivisions matters hereinbefore and hereinafter set applicable standards of section 11 (b) (1) having jurisdiction over respondent, its forth, and with respect to any issues of the Act. subsidiaries, and such companies, or over raised in and matters presented by re (3) Consideration will also be given, any of the businesses, affairs or opera spondent’s answer, and at which hearing and the respondent and other interested tions' of any of them, and that -such the respondent shall show cause why an persons shall have an opportunity to be order or orders should not be entered, heard, with respect to the time and man notice shall be given further by general pursuant to section 11 (b) (1) of said ner for disposition of any other issues release of the Commission, distributed Act, requiring the divestment of proper which may be presented in these pro to the press and mailed to the mailing ties, securities and other assets for the ceedings, particularly with respect to the list of the Commission for releases issued purpose of limiting the operations of appropriate procedure for expediting the under the Public Utility Holding Com respondent’s holding company system as determination of the issues herein. pany Act of 1935. Further notice shall required by the standards of section 11 It is further ordered, That Richard be given to all persons by publication (b) (1) of said Act, and for the purpose Townsend or any other officer or officers in the F ederal R egister, not'later than of determining what steps and what ac of the Commission designated by it for thirty days prior to the date hereinbefore tion is necessary for that purpose. that purpose shall preside at the hear fixed for the filing of answers. It is further ordered, Thati ing in such matter. The officer so des It is further ordered, That any person ignated to preside at such hearing is (1) At the outset of said hearing re proposing to be heard in these proceed spondent shall show cause why an imme hereby authorized to exercise aH powers diate order should not be entered requir granted to the Commission under section ings shall file with the Secretary of this ing the divestment by the respondent of 18 (c) of said Act and to a trial exam Commission, on or before the date here all its interests in those companies oper iner under the Commission’s Rules of inbefore fixed within which respondent ating in the State of Maine; Practice; may file its answer, an appropriate re (2) Thereafter there will be considered It is further ordered, That the Secre quest or application to be heard as pro what action is necessary and should be tary of the Commission shall serve notice vided by Rule XVII of the Commission’s taken in order to limit the operations of of the hearing aforesaid by mailing a Rules of Practice. the holding company system of the re copy of this order by registered mail to It is further ordered, That jurisdiction spondent with respect to the properties the New England Gas and Electric As be and is hereby reserved to broaden the located in the States of Massachusetts sociation, such mailing to be not less Issues in this proceeding for the purpose and New Hampshire, which may be re than 30 days prior to the date herein of dealing with other problems presented tained under the applicable standards of before fixed for the filing of answers; and under section 11 (b) (1) or other pro section 11 (b) (1) of the Act, including that notice is hereby given of said hear visions of the Act concerning the holding specifically a determination (a) of the ing to all companies hereinbefore men company system of the respondent, and number of integrated public utility sys tioned by name in this order and to all jurisdiction is also reserved to make other tems, if any, under the control of re other persons, including the security persons respondents in these proceedings spondent within the States of Massachu holders of New England Gas and Electric or in any proceedings the scope of which setts and New Hampshire, (b) as to which Association and of its subsidiaries, all is enlarged as aforesaid, pursuant to such of such integrated public utility systems, States, municipalities and political sub further notice as the Commission may if any, is to be considered as the “single divisions of States within which are lo deem appropriate. integrated public utility system” retain cated any utility assets of the respond By the Commission. able under section 11 (b) (1) of said Act, ent or of any of its subsidiaries or of any [seal] O rval L. D ttB ois, and (c) of the extent, if any, to which company hereinbefore mentioned by Secretary. y additional integrated public utility sys name in this order, all State Commis tems and other businesses may, upon a sions, State securities commissions, and [F. R. Doc. 42-9794; Filed, October 1, 1942; proper showing, be retained under com all agencies, authorities or instrumen 3:42 p. m.]